Section 438. Though subsection (1) of that section says
that the court “may, if it thinks fit” issue the necessary
direction for bail ... applied for under Section 437 or Section 439. These
sections deal with the power to grant or refuse bail to a
person
Bail-Anticipatory Bail- Section 438 of the Code of
Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of-
Judicial balancing of personal liberty ... other condition as may be imposed under
sub-section (3) of section 437, as if the
bail were granted under that section.
(3) If such
same, there is a ban imposed
u/s 437(1) Cr. P.C. against granting of bail. On the other
hand, if to either ... bail. Unlike u/s. 437(1) there is no
ban imposed u/s. 439(1) , Cr. P.C. against granting of bail
by the High
that
section as if the reference to “Magistrate” in that
section includes also a reference to a “Special
Court” designated under section 43 .
Section ... Public Prosecutor under this section
shall be deemed to be a Public Prosecutor within
the meaning of clause (u) of section 2 of the Code
other condition as may be imposed
under Sub-Section (3) of section 437 , as if the
bail were granted under that section.
Section 439. Special ... offence triable under sub-
section (3) of section 376 or section 376 AB or
section 376 DA or section 376 DB of the Indian
Penal
released
on bail if he is prepared to and does furnish bail; and every
8
person released on bail under this section shall be deemed ... released on bail if he is prepared to and
does furnish bail, and every person released on bail under this sub-section
shall be deemed
released on bail if he is prepared to and
does furnish bail, and every person released on bail under
this subsection shall be deemed ... bail or does it
mean that a bail order must be passed, the accused
must furnish the bail and get him released on bail
Criminal Procedure Code regarding
bail, it cannot be said that the High Court's power to grant
bail under s ... regarding bail,
in our view, it cannot be held that the High Court's powers
to grant bail under Section
regarding the passing of
bail orders under S.438(1) . Can an
order of bail be passed under that
section without notice to the public ... grant bail thus arose.
Custody, in the context of S.
439 ,( we are not, be it noted, dealing with
anticipatory bail under S
great length and after
analyzing Section 437 Cr. P. C. it transpires
that Section 437 relates with bail in cases
of non-bailable offence ... bail for the offence under Section
302 read with Section 34 IPC on furnishing
fresh sureties and bail bonds only on the
ground that they
