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
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
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
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
Kailash Chandra Kapri vs State Of Uttar Pradesh on 29 April, 2026
2026 INSC 473
commence.
The moment the trial commences, the mandate of Section 436A
would kick in by virtue of S.36-C of the NDPS ... including Section 37 NDPS Act. The court
expressed the opinion that Section 436A (which requires inter
alia the accused to be enlarged on bail
bail. This we hold so
notwithstanding the beneficial provision Under Section 436A of the
Code which stands on a different footing.
42. ......
43. A suspension ... appeal would certainly be a factor and the benefit
available Under Section 436A would also be considered, the Courts
will have to see the relevant
bail. This we hold so
notwithstanding the beneficial provision Under Section 436A of the
Code which stands on a different footing.
42. ......
(Uploaded ... appeal would certainly be a factor and the benefit
available Under Section 436A would also be considered, the Courts
will have to see the relevant
Apex Court while interpreting the provision of Section 436A of
the Code of Criminal Procedure has also observed inter-alia
that "the word ... appeal is pending for a longer time, to
bring it under Section 436A, the period of incarceration in all
forms will have to be reckoned
taking benefit of provisions of
Code of Criminal Procedure , more particularly Section 436A submits
that the applicant has already completed more than half ... also considered the arguments
advanced by the learned counsels.
13. Section 436A of Cr.P.C. read as follows :
"436A.Maximum period for which
