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Issuing Of Warrant By The High Court Of Delhi

If the High Court issues warrent under section 390 of the Code , following things are to be noted:
  1. That while admitting the said the said appeal ,the High Court has already exercised the discretion and issued the warrant of his arrest under Section 390 of the Code . It impliedly means that the High Court is of the View that in proper cases in view of section 437 or Section 439 of the Code ,the accused may be released on bail by such Subordinate Courts.
  2. When the appeal against the acquittal is admitted by the High Court ,there is presumption of innocence in favour of such offender though the appeal against his acquittal has been admitted by the High Court.
  3. If such warrant is issued in the matter of Revision, which has been admitted by the High Court ,even in such cases also such warrent can be issued by the High Court in view of the provision of Section 401 of the Code.

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