Can a High Court stay a bail order by invoking its power under Section 407 of the Code of Criminal Procedure (CrPC)?
This were among the many issues raised before the Calcutta High Court on Monday in the case relating to the arrest of four Trinamool Congress (TMC) leaders in the Narada scam. Judicial order cannot be cancelled by petition under Section 407 or 226. The remedy if at all is Section 439(2) or Section 482, Senior Advocate Sidharth Luthra said. Counsel appearing for various parties also put forth their suggestion on the issues to be considered by the Bench.
The matter was before a Bench of Acting Chief Justice Rajesh Bindal and Justices IP Mukerji, Harish Tandon, Soumen Sen and Arijit Banerjee. When the hearing resumed, the Bench sought to know the issues involved in the case.