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
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
learned counsel appearing for DoE further contends that
while Section 436A of the Cr.P.C. provides that an undertrial who
has served more than ... case for the exercise of
judicial discretion under proviso to Section 436A of Cr.P.C. to
continue the applicant‟s detention until the conclusion
submits that in view of the mandatory provisions of Section
436A CrPC, the petitioner is entitled to statutory bail after having
undergone detention for more ... ASWAL
Signing Date:02.09.2023
18:45:46
benefit of Section 436A should not be extended to the petitioner in
view of the first proviso
consideration of the
cases entitled to be considered for release under Section 436A of the Cr.P.C.
Mr. Mathur submits that the Under-Trial ... UTRC) which
has been constituted for consideration of cases falling under Section 436A
Cr.P.C. has not been meeting and conducting review
This is a petition under Section 439 read with Section
436A of Cr.P.C. for grant of bail in respect ... carries 'life imprisonment' will not have the
applicability of Section 436A Cr.P.C. If this interpretation
Bail A.No.651/2011 Page
Learned senior counsel for the appellant has also referred
briefly to section 436A Cr.P.C., which, it is contended, entitles
an accused ... period of imprisonment
specified for that offence. In our opinion, though section 436A
Cr.P.C. in its terms does not apply to this case
charge has not been framed. This Court has held that Section 436A of the
Code of Criminal Procedure, 1973 (for short "CRPC") will ... record which will compel us to
deny the benefit of Section 436A of the CRPC to the appellant.
4. The learned Additional Solicitor General submitted
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
