Section 437 in The Code of Criminal Procedure, 1973
437. When bail may be taken in case of non-bailable offence.
-[(1) When any person ... procedure under Section 446 shall apply.] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 31.] [[Substituted
provision of Section 88 Cr.P.C and even otherwise the petitioner should have been granted bail under Section 437 ... court in favor of granting bail subject to sub-section (3) of Section 437 , Cr.P.C with regard to imposition of conditions, if necessary
encompasses 18 sections, from Section 436 to Section 450 Cr. P. C. Section 436 corresponds to Section 496 of old code relating to the bailable ... Section 308 / 325 IPC, will be against the enacted provisions of law -- IV proviso Section 437(1) Cr. P.C. and Section 437(4)
petitioners to be released on bail either under Section 437 or Section 439 Cr.P.C. The Single Bench also vide order dated ... accused. For that purpose, only relevant Section is 437 of the Code of Criminal Procedure in accordance with which the court is supposed to exercise
exception to Section 41 Cr.P.C. The present
case does not fall either under Section 43 Cr.P.C. or 44 ... Manikyala Rao3 , while dealing with Section 497 (1) Cr.P.C. (Old Code), which
is almost similar to Section 437 (1) Cr.P.C., observed
bail, be that under sub-section (5) of Section 437 or sub-section
(2) of Section 439 of CrPC. The only difference ... Chapter XXXIII of the Code of Criminal
Page - 17 of 19
Procedure, Sections 436 to 439 deals with bail. Section
437 deals with the provision
JUDGMENT:
1) A revision petition under sections 397 / 399 / 401 of the Code of
Criminal Procedure ( Cr.P.C .) has been filed by the state ... stipulated under the Code in respect of allow or dismissal of
application under section 437(5) or under section 439(2)
under that section. Section 167 Cr.P.C. would apply only to an accused who was forwarded to a Magistrate under Section 167(1) because ... held that order passed under Section 167(2) would be an order under Section 437(1) or (2) or 439 Cr.P.C . The grounds
conditions, whereby the
powers of the court, under Section 437 of the Code of Criminal
Procedure, have come to be restricted by placing some fetters ... regard, this Court concluded, in Criminal Appeal
No.25/2010, that the 'first' proviso to Section 437 Cr.PC was
available even
before this
Court under Section 439 Cr.P.C. read with Section 167 Cr.P.C.. This application
was filed in October, 2020, seeking release ... with default bail under section 167(2)
Cr.P.C., the Trial Court observed that it is settled that Section 437(6)
