STATE OF GUJARAT & ORS. vs LAL SINGH KISHAN SINGH

The Supreme Court held that offences under Sections 4 and 5 of the Bombay Prevention of Gambling Act are cognizable and bailable, thus requiring police officers to release the accused on bail as per Section 496 of the Code of Criminal Procedure, 1898. The Court ruled that executive instructions cannot override statutory provisions, affirming the High Court's decision to quash the illegal circular order prohibiting bail. The judgment clarified that the authority to grant bail is derived from the statute, and any contrary executive order is ultra vires.