well as by the
State Governments for effective implementation of Section 436A of the Code
of Criminal Procedure, 1973.
Steps taken and being taken ... With regard to the third issue regarding effective implementation of
Section 436A of the Code of Criminal Procedure, (for short
entitled to seek his release on bail in terms
of Section 436A of the Cr.P.C. Mr. Mohite, the learned
Senior Counsel ... applicant while interpreting the
provisions of Section 436A of the Cr.P.C., has relied
upon the judgment of the Apex Court in the case
wherein the Apex Court
interpreted on section 436A of the Code of Criminal Procedure and
has directed that the period of imprisonment of all those ... present applicant, therefore, has approached this
Court essentially relying on section 436A of the Code of Criminal
Procedure as also on the decision
This is an application for bail under Section 439, read with Section 436A of the Code of
Criminal Procedure, 1973 on behalf of the petitioner ... petitioner has preferred the instant application for bail under Section 436A of the Code of
Criminal Procedure but the learned trial Judge
MCOCA.
29. The learned counsel for the applicant submits that under Section
436A of the Cr.P.C., an accused can be granted bail ... would show more than sufficient grounds to grant the benefit of
Section 436A of the Cr.P.C. to the applicant and release
violated. In support of the said contention, he also
relied on Section 436A of the Cr.P.C.. He submitted that he is
seeking bail ... supra) in Paragraph Nos. 412 to 421, considered the applicability
of Section 436A of the Cr. P. C. which is concerning the maximum
punishment
seeks the benefit of Section 479 of the BNSS
(corresponding to Section 436A of the Code of Criminal Procedure
[" CrPC "]), which provides that ... benefit of Section 479 of the BNSS [corresponding to Section
436A of the CrPC], which reads as follows:
"Section 479: Maximum period for which
This is the second application under Section 439 read with Section
436A of the Code of Criminal Procedure, 1973 („ CrPC ‟) seeking grant of
regular bail ... been
accused of committing. Therefore, as per the provision of Section 436A of the
CrPC, the applicant is entitled to be released on bail
would also be relevant to quote herein below the provision of
Section 436A Cr.P.C.:-
"436A. Maximum period for which an under trial ... claimed to be tried.
Therefore, in the light of Explanation to Section 436A CrPC, the period upto
20.09.2022 is liable to be excluded
Additionally, it is also pertinent to peruse Section 436A of
the Criminal Procedure Code, 1973 which came into effect
from June 2006. Section 436A reads ... imprisonment provided for the
said offence under that law."
14. Section 436A was upheld by the Hon'ble Supreme Court in
Bhim Singh
