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)
with an offence defined under Section 326 of IPC. He
contended that as under the provision of Section 437 of Cr.P.C.,
there ... also
under Section 306 of IPC which is triable by the Court of Sessions.
The provision under Section 437 of Cr.P.C. is very
enlarge her on bail giving her benefit of proviso (ii) of
Section 437 Cr.P.C, especially in view of the fact that ... convinced that lady charged with
Section 302 IPC actively participated in the alleged incident, no
.
benefit under Section 437 Cr.P.C can be extended
applicable in case of Section 438 Cr.P.C., I find that the provisions of Section 437 Cr.P.C. are independent in nature which ... Section 439 Cr.P.C. which provides the regular bail power of all the High Courts and Sessions Court, the application of Section 437
Criminal Procedure Code stands attracted. The
remedy available to such an accused is under Section 439 of the
Criminal Procedure Code, in the event ... offences under Section 467 of the Indian Penal Code, 1860. On
the anvil of Section 437 of the Criminal Procedure Code, the
order
complete misapplication of the proviso to
Section 437 of the Code of Criminal Procedure and without
considering the relevant factors like gravity of the offence ... supplementary charge sheet under Section 302 IPC.
Pursuant to such direction supplementary charge sheet was
filed under Section 302 IPC against opposite party
final report under Section 173 (2) of the
Code of Criminal Procedure (hereinafter referred to as " Cr.P.C .") was
filed ... indefeasible right as is
provided under Section 167(2) Cr.P.C. While deciding
the application under Section 437(6) Cr.P.C., the
Court
both the accused moved their
respective bail applications u/s 437 Code of Criminal Procedure
(hereinafter referred to "C.r.P.C.") before ... invoke provisions of 370 IPC , yet he did not exercise powers,
though discretionary, under section 437 (1)(i) CrPC which
empowers
Section 41 of the CrPC as well as the
safeguards in criminal law exist in recognition of the reality that any criminal
proceeding ... Section 437(3)(b) of CrPC
12
Section 437 of CrPC
13
Kunal Kumar Tiwari v. The State of Bihar
conditions. Though the petition is filed
under Section 439 of Cr.P.C., the proviso to
Section 437 can be equally made ... they are in
judicial custody.
4. The proviso in Section 437 of Code of
Criminal Procedure, 1973 (hereinafter referred to
15
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