respondent/State.
Heard on application filed on 27.5.2020 under section 439 and 167(2)
of CrPC on behalf of applicant Aniruddha Bhattacharya, who is confined
2) Cr.P.C., which bail was cancelled later under Section 439(2) Cr.P.C., entitled to invoice the proviso to Section 167(2 ... 2-5-07, is entitled for bail by default under the proviso to Section 167(2) Cr.P.C. again on and after 2
Special Court under Section 439(2) Cr.P.C., the
respondent approached before the High Court under
7
Section 439(2) Cr.P.C. When ... 439(2) CrPC which specifically empower the
High Court or the Court of Session to
cancel such bail. Section 439(2) reads as
under:
“439
Section 167(2), Cr. P.C., bears out this point. In specific terms under the proviso to Section 167(2) exercise of bail power ... decision is rendered on the provisions of Sections. 167(2), 437, 439, Cr. P.C. On facts, however, that was also a case
COUNSEL]
:2:
THIS CRL.P. FILED UNDER SECTION 439 R/W
SEC.167(2) CR.P.C. BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT ... filed application
for grant of bail both under Section 167 (2) and Section 439
:7:
of Code of Criminal Procedure . The Trial Court by order
instant criminal second bail application under Section 439 read with Section 167(2) CrPC, petitioner Hira Lal seeks bail on the ground that ... bail application filed by the application-petitioner under Section 439 read with Section 167(2) Cr.P.C. and it is directed that petitioner Hira
judgments have dealt with the issues
involving Section 439 and Section 167(2) of Cr.P.C. Some
of the relevant Judgments are referred herein ... bail. Section 439(2)
reads as under:
"439. Special powers of High Court or Court of Session
regarding bail.--(1)*** (2) A High Court
while dealing with the provisions of Section 167 (2) , Proviso,
Section 309, Section 437 (5) and Section 439 (2), held as under:-
An
order ... that our High Court dealt with the
provisions of Sections 167 , 397 and 439 (2) of the Cr. P. C. in this
judgment and held
case
where bail granted under Section 167(2) Cr.P.C.
was cancelled under Section 439(2) Cr.P.C. by
learned Sessions Judge after ... Section
439(2) CrPC which specifically empower
the High Court or the Court of Session
to cancel such bail. Section 439(2)
reads as under
COVID-19).
The present second bail application under Section 439 read
with Section 167(2) of Cr.P.C. has been filed by the petitioners ... CRLMB-4063/2020]
preferred an application under Section 439 read with Section
167(2) of Cr.P.C. seeking to release them on 'default
