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Showing contexts for: section 436 in Awadhesh Ram vs The State Of Madhya Pradesh on 19 March, 2018Matching Fragments
Heard.
sh This revision under Section 397 read with Section 401 of the e Cr.P.C. has been filed to assail the order dated 08.12.2017 ad passed by learned 1st ASJ, Bhopal in ST No.117/2013 wherein, Pr the application filed by the petitioner under Section 436 (A) a of the Cr.P.C. has been rejected.
5. Thereafter the petitioner filed an application before sh learned trial Court which was dismissed vide order dated e 08.12.2017 on the ground that the petitioner failed to ad furnish the bail and there is sufficient evidence to hold Pr that it is an economic offence. Therefore, benefit of Section 436-A of the of the Cr.P.C. should not be given to a the petitioner.
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6. Section 436-A of the Cr.P.C. reads as under:
ad M âS.436-A Maximum period for which of an undertrial prisoner can be detained. - where a person has, during rt the period of investigation, inquiry or trial ou under this Code of an offence under any C law (not being an offence for which the punishment of death has been specified as h ig one of the punishment under that law) undergone detention for a period H extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or wihtout sureties:
7. By the first proviso of Section 436-A of the Cr.P.C., the ad Court has been given discretion for the reasons to be M recorded in writing can order the continued detention of such person for a period longer than one-half of the said of period.
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8. Learned trial Court has recorded the reasons and stated ou that the petitioner has been involved in the economic offences and keeping in view the earlier bail order was C not executed by him, benefit of Section 436-A of the h Cr.P.C. has been disallowed. ig