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CS Executive · Economic, Commercial and Intellectual Property Laws · Prevention of Money Laundering

Arjun applies for bail before the High Court in a case pending before a Special Court designated under the PMLA. What does section 44(2) say about the High Court's powers?

The High Court keeps its special bail powers under section 439 of the Code of Criminal Procedure. It may exercise them as if the reference to Magistrate in that section also includes a Special Court designated under section 43, so bail jurisdiction is not taken away.

  1. AThe High Court loses its bail powers under the Code of Criminal Procedure
  2. BThe High Court's special bail powers are unaffected, and 'Magistrate' in section 439 includes a Special CourtCorrect
  3. COnly the Supreme Court may grant bail
  4. DThe Special Court alone may grant bail

Explanation

Section 44(2) states nothing in the section affects the High Court's special bail powers under section 439 of the Code of Criminal Procedure. The High Court may exercise them as if 'Magistrate' in that section includes a Special Court designated under section 43. So the High Court retains bail jurisdiction.

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