incorporated in the Code of Criminal Procedure , 1973 and before that
other provisions for grant of bail were Sections 437 and 439 ... there is no justification for reading
into Section 438 CrPC the limitations mentioned in Section 437 CrPC.
The Court further observed
judicial side had already interpreted the
provisions of Section 437 of the Criminal Procedure Code and held
that the Magistrate has no jurisdiction to grant ... Criminal Procedure Code by an amendment in 1955. These words have
been retained in the new Criminal Procedure Code in sec. 437 . IN
this background
Applicant thereafter
on 22.02.2004 preferred the default bail under Section 437 (6) of
Criminal Procedure Code below Exhibit 198 in Criminal Case ... Code (default
bail), can not be imported for exercise of power under
Section 437 (6) of the Code.
Q-6 A decision in principle rendered
taken into consideration that the cancellation of bail under Section 437(5) of Criminal Procedure Code would take long process and not resorting to take ... action for cancellation of bail under Section 437(5) of Criminal Procedure Code in the registered cases in order to prevent antisocial activities
section (6) of Section 17 of the Terrorist Act and it was contended that Sections 437 and 439 of the Criminal Procedure Code would ... section (3) of Section 437, is applicable. The limitations of granting bail are not provided under Section 439 of the Criminal Procedure Code. Limitations
incorporated in the Code of Criminal Procedure , 1973 and before that
other provisions for grant of bail were sections 437 and 439 , ... judicial
discretion in favour of granting bail subject to subsection (3) of
Section 437 , Cr.P.C. if it deems necessary to act under
supra),
the Division Bench of this
Court considered Sections 437 and 438 of Code of Criminal Procedure,
1973 along with Article 21 of the Constitution ... examined whether the powers
under Section 438 of the Code are subject to limitation of Section
437 of the Code or not and in para
incorporated in the Code of Criminal
Procedure , 1973 and before that other provisions for grant of bail
were sections 437 and 439 ... conviction stage. Whether the
powers under section 438 Cr.P.C. are subject to limitation of
section 437 Cr.P.C.?
98.The
question which
Criminal Misc. Application No. 566 of 2007, whereby bail was granted to the applicant under Sub-Section 6 of Section 437 of Criminal Procedure Code ... completed.
(v) It appears that under Sub- section 6 of Section 437 of Criminal Procedure Code, an application was preferred mainly on the ground that
trial had commenced. Such application was
filed under sub-section (6) of Section 437 of the Cr.P.C. contending
that requirement of such ... this case and nature
of powers enjoyed by sub-section (6) of Section 437 of the Cr.P.C. in
view of several decisions
