The court affirmed that implied powers exist under Section 439 of the Cr.P.C. to modify bail conditions, emphasizing the necessity of reasonable conditions to ensure justice.

1 Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2 The petitioner has challenged an order dated 7th August, 2023 passed below Exhibit-101 in R.C.C. No.22 of 2022 by the learned Judicial Magistrate First Class (Court No.1), Omerga, District Osmanabad. It was an application for relaxation of condition Nos.6 to 9 imposed upon the petitioner at the time of granting bail to him, which read as under:-

“6] The accused shall attend concerned police station once in a month i.e. on every first Monday till completion of the trial.

7] The accused shall attend the trial court on every second and fourth Monday till conclusion of trial beside the regular attendance at the time of evidence recording, framing of charge, thought out the trial.

8] The accused shall not change his residential address or leave the place without prior written permission of the trial court.

9] No exemption granted to accused until trial over.”

3 The learned counsel for petitioner submitted that in paragraph 8 of the impugned order, the learned Trial Court has observed that, that any condition imposed by magistrate while releasing any accused on bail cannot be modified. The learned Trial Court erred and held that it has no such power to relax the conditions as it is not expressly provided under Section 439 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C ”). The learned counsel for petitioner further submitted that the Trial Court is having implied power under Section 439 (1)(b) of the Cr.P.C . He submitted that the doctrine of implied power is not considered by the learned Trial Court while rejecting an application for relaxation of conditions of bail as prayed by the petitioner. It is lastly submitted to allow the writ petition by setting aside the impugned order.

4 The learned counsel for the applicant is relying upon the following authorities:-

A) Income Tax Officer, Cannanore Vs. M.K. Mohamad Kunhi , (Civil Appeal No.1164 of 1966) dated 11th September, 1968 (AIR 1969 SC 430) , in which the Honourable Supreme Court held as under:-

“4. ….. It is a firmly established rule that an express grant of statutory power carries with it by necessary implication the authority to use all reasonable means to make such grant effective (Southland Statutory Construction, Third Edition, Articles 5401 and 5402). The powers which have been conferred by Section 254 on the Appellate Tribunal with widest possible amplitude must carry with them by necessary implication all powers and duties incidental and necessary to make the exercise of those powers fully effective. In Domat's Civil Law, Cushing's Edition, Vol. 1 at page 88 it has been stated :-

"It is the duty of the Judges to apply the laws, not only to what appears to be regulated by their express dispositions but to all the cases where a just application of them may be made, and which appear to be comprehended either within the consequences that may be gathered from it."

"Maxwell on Interpretation of Statutes, Eleventh Edition contains a statement at p.350 that "where an Act confers a jurisdiction, it impliedly also grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution. Cui jurisdiction data est, ea quoqe concessa ease vindentur, sine quibus jurisdiction explicari non potuit." An instance is given based on Ex Parte, Martin, (1879) 4 QBD 212 at p. 491 that "where an inferior court is empowered to grant an injunction, the power of punishing disobedience to it by commitment is impliedy conveyed by the enactment, for the power would be useless if it could not be enforced."”

B) Sakiri Vasu Vs. State of U.P. and others, (Criminal Appeal No.1685 of 2007) dated 7th December, 2007 [(2008) 2 Supreme Court Cases 409], in which the Honourable Supreme Court in paragraph Nos.18, 19 and 20 held as under:-

“18. It is well-settled that when a power is given to an authority to do something it includes such incidental or implied