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
this
context the petitioner has made an application under
Section 437 Cr.P.C. before the jurisdictional Magistrate.
Though no order of the learned Magistrate ... under Section 78 to 81 of Cr.P.C., the
learned Magistrate has got absolute jurisdiction to
entertain an application under Section 437
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
cannot be said to be an interlocutory.
Sub Section 6 of Section 437 of CrPC reads as under:-
"If, in any case ... denying bail under sub-section
437(6), it would render the provision under sub-section (6) of
section 437 otiose".
A coordinate Bench
cannot be said to be an interlocutory.
Sub Section 6 of Section 437 of CrPC reads as under:-
"If, in any case ... denying bail under sub-section
437(6), it would render the provision under sub-section (6) of
section 437 otiose".
A coordinate Bench
Class, Ujjain in Criminal Case No. 3125/2017, whereby the
application filed by the applicant under Section 437(6) of the ... that the said provision under Section 437(6) is not
mandatory in nature as Section 167(2) of the Cr.P.C, which provides
that
offence is under
consideration, the fourth proviso to sub-section (1) of Section 437 of
Cr.P.C., which mandates opportunity of hearing ... that day itself when it was requested that the procedure
laid down under Section 437 of Cr.P.C may be followed. It was submitted
Section 437(6) of
3
M.Cr.C. No.6501/2019 Jaswant Singh Vs. State of M.P.
the Code of Criminal Procedure ... bail. The
rejection of his application under Section 437(6)
of Code of Criminal Procedure by the learned
trial Magistrate and later the dismissal
JMFC, Deobhog
rejecting the applications filed by the petitioners under Section 437 (6) Cr.P.C.
was affirmed.
4. The facts of this case ... Magistrate while refusing grant of bail under
sub-section (6) of Section 437 of the Code. In my considered
opinion, apart from the gravity
2018 by the trial Court while
rejecting the application moved under section 437(6) Cr.P.C., for grant of
bail.
As per prosecution case ... provision contained under section
437(6) Cr.P.C., The aforesaid provision is engrafted in the Criminal
Procedure underlying the principle of personal liberty under
