suggested that the
provisions of Section 436 of the Cr.P.C. as well as Section 436A ... into aspects
pertaining to effective implementation of Section 436 of the Cr.P.C. and
Section 436A of the Cr.P.C. so that undertrial
therefore, submitted
that offence under Section 409 of IPC, being punishable
with imprisonment for life, provisions of Section 436A ... offence under Section 409 of IPC,
whether undertrial prisoner can claim bail
and seek release in terms of Section 436A
into aspects pertaining to effective implementation of
Section 436 of the Cr.P.C. and Section 436A of the Cr.P.C. so
that undertrial ... section 392 of the Indian Penal Code and considering his date of
arrest on 16.2.2011, he requires to be given benefit of section 436A
This is an application for bail under Section 439, read with Section 436A of the Code of
Criminal Procedure, 1973 on behalf of the petitioner ... committed offence under Section 3 read with Section 70(1) and (2) of
PMLA Act punishable under Section 4 of the Act. Thus, the petitioner
Court, unlike the default bail under Section 167 of
the 1973 Code. Under Section 436A of the 1973
Code, however, the Court is required ... falling under
Section 3 of the 2002 Act, regarding money-
laundering offences. On the same logic, we must
hold that Section 436A
Enforcement3 .
b. The petitioner seeks the benefit of Section 479 of the BNSS
(corresponding to Section 436A of the Code of Criminal Procedure
[" CrPC ... that she is entitled
to the benefit of Section 479 of the BNSS [corresponding to Section
436A of the CrPC], which reads as follows
SHARMA, J.
1. This is the second application under Section 439 read with Section
436A of the Code of Criminal Procedure, 1973 („ CrPC ‟) seeking grant ... Court,
unlike the default bail under Section 167 of the 1973 Code. Under
Section 436A of the 1973 Code, however, the Court is required
Section 436 of the Criminal
Procedure Code, 1973. An equally soft approach to
incarceration has been taken by Parliament by
inserting Section 436A ... provided under the said section of
CrPC . The Court also iterated the necessity for an effective
implementation of Section 436A and fast tracking
statutory bail provision and akin to Section 167 of the Code.
The Supreme Court further observed that Section 436A of the Code could be
invoked ... Court, unlike the default bail
under Section 167 of the 1973 Code. Under Section 436A of the
1973 Code, however, the Court is required
offence under Section 4 of PMLA, where the maximum punishment
is seven years, the threshold for Section 436A of Cr.P.C. would be
three ... regular bail, thereby overriding the statutory
bar under Section 45 of PMLA and proviso to Section 436A of
Cr.P.C.
35. Insofar
