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
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)
further contended that the provisions of Section 437(1) (ii) of the Code of Criminal Procedure (in short ' CrPC ) will not apply ... CrPC (new Code) compared with Section 497(1) of the old Code. Mr Mulla points out that while Section 497(1) CrPC
word 'may' in such sub-section (1) of Section 437 , CrPC and of the word 'shall' in three ... Section 437 , CrPC the provision for notice is not given because there are specific provisions under the Code of Criminal Procedure which provide
section (3) of section 376 or section 376 AB or
section 376 DA or section 376 DB of the Indian
Penal Code , give notice ... section (3) of section 376 or section 376
AB or section 376 DA or section 376 DB of the
Indian Penal Code ."
59. Initially
when a person is in custody, within the
meaning of Section 439 Criminal Procedure Code? When he is in
duress either because he is held ... bailable offences.
Therefore, their case falls within Section 437 of the Code of Criminal
Procedure which is the specific provision dealing with grant of bail
Section 438(2)(iv) (Anticipatory Bail) would provide for the imposition of condition as incorporated under Sub-section (3) of Section 437, ... subject to the provisions of the Code of Criminal Procedure relating to bail.
141. Section 437 , Cr.P.C. is one of the provisions falling
2019
bail. In view of mandatory provision of section 437 sub
section (6) Criminal Procedure Code , the applicant is
entitled to be released on bail ... cleavage of opinion
regarding interpretation of sub-section (6) of Section 437 of the Code of
Criminal Procedure, the Single Bench by order dated
framework of Section 437 of the Code. In the light of Sub-section (2) of Section 4 of the Code of Criminal Procedure ... procedures of the Criminal Procedure Code which a police officer has in investigating a cognizable offence under the provisions of the Criminal Procedure Code . Incidentally
