Legal provisions regarding release on bail during the pendency of revision proceedings and calling for records to exercise powers of revision under section 397 of the Code of Criminal Procedure, 1973.
As per Section 397(1) of the Code of Criminal Procedure, the High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
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As the Supreme Court is not an appellate Court as contemplated under Section 389(1) of the Code, the provisions of Section 389 would not be applicable in the case of appeals to the Supreme Court.
According to Section 435(5) of the Code, any Court which has released a person on bail in cases of non-bailable offence under Section 435(1) or 435(2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody by cancelling the bail.
As per Sections 389(1), 390, 397(1) and 389(3) of the Code of Criminal Procedure, there is no provision for cancellation of bail in the Code when the bail is granted by the appellate, revisional or the sentencing Court. However, the High Court could invoke its inherent powers under Section 482 and cancel the bail in such cases if it considers necessary to do so.