Section 439 in The Code of Criminal Procedure, 1973
439. Special powers of High Court or Court of Session regarding bail.
(1) A High Court ... section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice of the application for bail to the Public Prosecutor within
instant applicant under Section 439 (2) of Code of
3 M.Cr.C.No. 22615/2020
Criminal Procedure has been preferred by the applicant /
complainant ... Criminal Procedure,
1973 to proceedings before a Special Court.- Save
as otherwise provided in this Act, the provisions of
the Code of Criminal Procedure
compliance is not made
within given period, application under Section 439 of
Cr.P.C., filed by the applicant shall be deemed
dismissed in want ... application
under Section 439(2) filed by the applicant Gosiya
Khan may be allowed.
Consequently, application under Section 439(2)
of Cr.P.C. filed
obtain an order of bail under Sections 437 or
439 of the Code of Criminal Procedure . The single
Judge has referred these matters in view ... surrender and pray for regular bail under Section
439 of the Code of Criminal procedure. The Court
concerned, instead of taking him into custody,
considering
State.
Heard. Case diary perused.
This is repeat (second) application under Section 439 , Cr.P.C
for grant of bail in connection with Crime ... respondent/State.
Heard. Case diary perused.
This is first application under Section 439 , Cr.P.C for grant
of bail in connection with Crime
effect that since there is no express repeal of Section 439 Cr.P.C., the same would revive upon the expiry of 180 days also ... contrary to the Code which were in force at the time when Cr.P.C . was promulgated. The provisions of the Cr.P.C . therefore
Atrocities Act or application under Section 438 / 439
of Code of Criminal Procedure, as the case may be."
Question No.1: Held-The trial ... Criminal Procedure,
1973 to proceedings before a Special Court.- Save
as otherwise provided in this Act, the provisions of
the Code of Criminal Procedure
offence can move
the court for bail under Section 439 Criminal Procedure Code
unless he is in custody.
(7). When is a person in custody ... within the meaning of Section
439 Criminal Procedure Code? When he is in duress either
because he is held by the investigating agency or other
that in his statement
recorded under Section 161 of the Code of Criminal Procedure the father of the
prosecutrix has not stated anything about ... Statement
made by the prosecutrix under Section 164 of the Code of Criminal Procedure
that Narayan Singh told her that he has procured her from
person is in
custody, within the meaning of Section 439 Code of
Criminal Procedure? When he is duress either
because he is held ... Officer In-charge
concerned."
17. However, the criminal miscellaneous petition in terms of
Section 439 Cr.P.C. was still pending in the High
