Special statutory bail mechanism bars direct High Court bail jurisdiction under the general criminal procedure

A special statute created an exclusive bail-and-appeal mechanism for offences under its regime, requiring the accused to seek bail first before the Special Court. A further appeal lay to the High Court against the Special Court's bail order, to be heard by a bench of two Judges. Because this specific procedure displaced the ordinary bail framework, the High Court could not be approached directly in its original or inherent criminal jurisdiction to grant bail. The general bail power under the Code could not be used to bypass the statutory route, and direct recourse to the High Court was impermissible.

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Issues: Whether the High Court could grant bail to accused persons in offences under the special enactment by exercising jurisdiction under the Code of Criminal Procedure, and whether the statutory scheme required the accused first to approach the Special Court with a further appeal lying to the High Court only against an order refusing bail.

Analysis: The statutory scheme created a distinct bail mechanism for offences under the special enactment. An appeal lay to the High Court from an order of the Special Court granting or refusing bail, and such appeal was required to be heard by a bench of two Judges. The provision was a special departure from the ordinary bail provisions of the Code. The existence of this specific appellate route meant that the accused could not bypass the Special Court and seek bail directly from the High Court in its original or concurrent jurisdiction. The High Court's inherent power could not be used to circumvent a specific statutory remedy. On the same reasoning, the general bail power under the Code did not survive in a manner that would permit direct invocation before the High Court in place of the special procedure.

Conclusion: The High Court lacked jurisdiction to grant bail directly under the Code in the face of the special statutory bail mechanism, and its order was unsustainable.

Final Conclusion: The special enactment governed the bail remedy exclusively, so the accused were required to first seek bail before the Special Court and thereafter pursue the statutory appeal route if necessary.

Ratio Decidendi: Where a special statute provides a complete and specific bail-and-appeal mechanism, the High Court cannot be approached directly under its general or inherent criminal jurisdiction to grant bail in disregard of that mechanism.

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