Criminal Application filed by present
applicant seeking his bail under Section 436-A of Code of
Criminal Procedure (hereinafter referred to as "Code ... Code briefly and Statement of Objects
and Reasons appended to the Bill seeking amendment to the
Code of Criminal Procedure , 1973 introduced in the Rajya
account holders recorded under Section 164 of the
Code of Criminal Procedure, 1973 (' Cr.P.C .' in short),
were, found infact needy ... offence punishable under Section 409 of the IPC. The
First Schedule of the Code of Criminal Procedure
classifes this offence triable by the Court
regular Bail Application is preferred under Section 439
of the Code of Criminal Procedure, 1973 (" CrPC ") r/w. Section ... cognizable and non-bailable.--
(1)[Notwithstanding anything contained in the
Code of Criminal Procedure , 1973 (2 of 1974), no
person accused of an offence [under
Criminal Application filed by present
applicant seeking his bail under Section 436-A of Code of
Criminal Procedure (hereinafter referred to as "Code ... Code briefly and Statement of Objects
and Reasons appended to the Bill seeking amendment to the
Code of Criminal Procedure , 1973 introduced in the Rajya
regular Bail Application is preferred under Section 439
of the Code of Criminal Procedure, 1973 (" CrPC ") seeking that
Applicant be enlarged ... long incarceration is concerned, Section 436A of
Code of Criminal Procedure, 1973 is relevant, which reads as
under :-
"[436-A. Maximum period for which
cognizable and non-bailable.--(1)
[Notwithstanding anything contained in the Code of
Criminal Procedure , 1973 (2 of 1974), no person
accused of an offence [under ... 2024 00:51:43 :::
10-BA-2251-2023.DOC
the Code of Criminal Procedure , 1973 (2 of
1974), or any other provision of this
third
application, fled by the Applicant under Section 439 of the
Criminal Procedure Code (for short, "the Cr.P.C ."), premised ... unlike the default bail under Section 167 of the 1973 Code.
Under Section 436A of the 1973 Code, however, the Court is required
to consider
attention to the provisions of
section 436A of the Code of Criminal Procedure, 1973
(hereafter ' Cr.P.C .', for short) to submit that ... provides for modified
application of certain provisions of the Code of
Criminal Procedure ,sub-section (4) whereof is as
under :
(4)Notwithstanding anything contained
attention to the provisions of
section 436A of the Code of Criminal Procedure, 1973
(hereafter ' Cr.P.C .', for short) to submit that ... provides for modified
application of certain provisions of the Code of
Criminal Procedure ,sub-section (4) whereof is as
under :
(4)Notwithstanding anything contained
contended that in view of Section 436A of the Code
of Criminal Procedure, the right to be released on bail would be
accrued ... Code which is a wholesome provision
beneficial to a person accused under the 2002 Act.
However, Section 436A of the 1973 Code, does not
provide
