High Court can consider the correctness, legality and propriety of a bail granting order in exercise of authority under Sections 435 and 439 of Cr.PC read together with Section 561(A) of Cr.PC.

 High Court can consider the correctness, legality and propriety of a bail granting order in exercise of authority under Sections 435 and 439 of Cr.PC read together with Section 561(A) of Cr.PC. And as bail to an accused triable by the learned ATC is granted under Section 21-D of the ATA, Section 497(5) of Cr.PC has no application for purposes of cancellation of bail granted to an accused by the learned ATC.

Criminal Misc. No.326-BC of 2019
Malik Tariq Ayub & another vs Raja Arshad Mehmood & another
19-04-2022