Code of Criminal Procedure, 1973–Sec. 390 [Corresponding Sec. 431 of BNSS, 2023]–Scope–When an order u/s. 390 is passed, the accused must be admitted to bail rather than committing his to prison–The well settled rule that bail is the rule, and jail is the exception must be applied while exercising powers u/s. 390 as the position of the acquitted accused is on a higher pedestal than an accused facing trial.
