THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 463
C IVIL P ROCEDURE C ODE C RIMINAL P ROCEDURE C ODE
Section 438 — contd.
the accused is in confinement, that he be released on bail or on his own bond.
(2) An Additional Sessions Judge shall have and may exercise all the powers of a Session Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.
Section 439
(1) In the case of any proceeding the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections
423,426,427 and 428 or on a Court by section 338, and mayenhance the sentence ; and when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in manner provided by section 429.
(2) No order under this section shall be made to the