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TMI Blog1951 (5) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... e their identity was not known to the complainant and the prosecution witnesses. They were arrested in the third week of September, 1950, and identified at a jail parade held in the District Jail, Sitapur, on 10-10-1950. Out of eighteen witnesses who were seat up nine spotted Bachchu Lal and three pointed to Debi Dayal. Both these persons moved the learned Sessions Judge Sitapur, for bail. The offence which the petitioners were alleged to have committed were punishable with death or transportation for life and Section 497, Criminal P. C., therefore, did not apply. The Court acting under Section 498, Criminal P. C. admitted both Bachchu Lal and Debi Dayal to bail and released them on 12-10-1950, on their furnishing two sureties each in sums ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unishable with death or transportation for life, an unrestricted and discretionary power to admit an accused person to bail is possessed by Magistrates, Sessions Judges and the High Court in all cases arising before them. (iii) In offences punishable with death or transportation, the power of a Magistrate to grant bail is restricted to cases of the nature covered by Section 497 viz : (a) Where the accused who is arrested and brought before the Court is a minor, a female, a sick or an infirm person, and (b) Where on the evidence before the Court, there are no grounds for believing that the accused is guilty of an offence punishable as aforesaid. (iv) The power to cancel an order admitting an accused person to bail under Section 497, Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Code, the law empowers the doing of everything necessary for the doing of justice for which alone Courts of law exist, the rules of procedure being merely rules for rendering aid in achieving the eventual result and not to hinder the doing of that which is right. This inherent jurisdiction is as stated above possessed by the High Court under Section 561. A, Criminal P. C., is not confined to cases pending before it but extends to all cases which may come to its notice whether in appeal, revision or otherwise. As held in the Crown Prosecutor, Madras v. N. S. Krishnan, A.I.R. (32) 1945 Mad 350 and Seoti v. Rex, A.I.R. (35) 1948 ALL. 366, the High Court has power to rescind any orders passed under Section 498 and such power is included in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and. According to the well-known canons of construction when two or more words are susceptible of analogous meanings and are associated together, they must be understood in their cognate sense; in other words general expressions are in such cases restricted in the absence of an indication to the contrary to a sense analogous to the less general. Examples of the application of the ejusdem generis rule abound both in English and Indian law. Reference may in this connection be made to Maxwell on Interpretation of Statutes, 9th Edn. pp. 836 et seq. Obviously the words, 'notifications, orders, rules and bye-laws' with which the expression 'order' is associated must be deemed to limit the scope of the word 'orders' to non- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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