Inherent criminal jurisdiction cannot bypass fresh bail procedure after offence is converted to a graver charge.

Inherent criminal jurisdiction under Section 482 cannot be used to bypass a specific statutory bail remedy when an offence is converted into a graver charge. The accused were required to seek bail afresh under the ordinary bail provisions, and continuation of bail through inherent powers was impermissible because the High Court bypassed the prescribed procedure without any exceptional circumstance such as miscarriage of justice or patent illegality. The direction was therefore illegal and set aside, with liberty reserved to apply for bail in accordance with law.

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Issues: Whether the High Court could invoke its inherent jurisdiction to permit the accused to continue on bail after the case was converted to a graver offence, when the Code provided a specific procedure for seeking bail afresh.

Analysis: The inherent power under Section 482 is preserved to secure the ends of justice and prevent abuse of process, but it is not meant to be used where the Code contains a specific remedy. Bail after conversion of the offence to Section 304 IPC could be sought under the ordinary bail provisions, and the accused were required to follow that procedure. By directing continuation of bail through Section 482, without the accused surrendering and without the matter being considered under the proper bail framework, the High Court bypassed the statutory scheme. Such use of inherent powers was held to be impermissible, especially where no miscarriage of justice or patent illegality warranted extraordinary intervention.

Conclusion: The direction issued by the High Court was illegal and was set aside; the accused were to be taken into custody, while retaining liberty to apply for bail in accordance with law.

Ratio Decidendi: Section 482 of the Code of Criminal Procedure, 1973 cannot be invoked where a specific statutory remedy exists, and inherent powers cannot be used to bypass the prescribed bail procedure in the absence of exceptional circumstances such as miscarriage of justice or abuse of process.

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