same on completions of the period of incarceration stipulated under
Section 436A Cr.P.C.
On the aspect of further investigation, learned Special Counsel
submits ... years."
As far as the respondents contention with respect to Section 436A
CrPC is concerned, the same is misplaced as Section 436A does
same on completions of the period of incarceration stipulated under
Section 436A Cr.P.C.
On the aspect of further investigation, learned Special Counsel
submits ... years."
As far as the respondents contention with respect to Section 436A
CrPC is concerned, the same is misplaced as Section 436A does
would also be relevant to quote herein below the provision of
Section 436A Cr.P.C.:-
"436A. Maximum period for which an under trial ... petitioner on 27.10.2023. Therefore, in the light of Explanation
to Section 436A Cr.P.C., the period upto 27.10.2023 has become liable to be
Page
first flush, one is reminded of Section 436A of the
Code of Criminal Procedure, which reads thus:-
"436-A.-Where a person has, during ... opinion of this Court, provisions of Section 436A of
the Code of Criminal Procedure are meant for dealing with the
cases of under-trials
affected.
7. The learned counsel for the petitioner by referring to Section
- 436A of Cr.P.C ., would submit that where a person has, during ... 4719 of 2020
19. Section - 436A of the Code deals with 'maximum period
for which an under trial prisoner can be detained
custody, his entitlement
to seek for bail is provided only under 436A of the CrPC .
62. It may be pertinent to state here that ... under-trial prisoner is entitled for grant
of bail i.e., Section 436A of Cr.PC, which reads as follows:
"436A. Maximum period
strict compliance of
the twin conditions in the form of
Section 436A of the 1973 Code, which
has come into being on 23.6.2006 vide ... This, being the
subsequent law enacted by the
Parliament, must prevail, Section
436A of the 1973 Code reads as under:
[436A. Maximum period for
which
submission was that the applicant is entitled
to the benefit of Section 436A CrPC (corresponding to Section 479
of the Bhartiya Nagarik Suraksha Sanhita ... submit that, any
continued detention beyond the period mentioned in Section 436A
CrPC must be exceptional, particularly where the delay is not
attributable
been categorically held as
.
under:
"324. Section 436A of the 1973 Code, is a wholesome beneficial
provision, which is for effectuating the right ... failing which, the accused ought not to be detained
further. Indeed, Section 436A of the 1973 Code also contemplates
that the relief under this provision
under the Code of Criminal
Procedure , 1973.
11. In this connection, Section 436A of
Cr.P.C also assumes significance and the same provides ... provision in the form of Section 436A of
the 1973 Code, as has now come into being is in
recognition of the constitutional right
