more than 5 years.
It is submitted that the provisions of Section 436A Cr.P.C. have been made applicable to the pending appeals ... against the order of conviction and Section 389 Cr.P.C. is to be reckoned along with Section 436A Cr.PC.
It is submitted that
representing the petitioner contends that in
view of the provisions of Section 436A of the Code of Criminal Procedure,
1973 (hereinafter referred ... contra, the learned counsel representing the respondent
contends that Section 436A Cr.P.C. does not override the provisions of
Section
rejecting the
application of the petitioner which was filed under Section 436A of
the Code of Criminal Procedure is arbitrary and illegal. The order ... learned Senior Counsel has placed reliance
on the provisions contained in Section 436A of the Code of Criminal
Procedure and submitted that if the trial
supra), once again the
principle was reiterated with its emphasis on Section 436A of the Cr.P.C.
where jurisdictional Magistrate/Chief Judicial Magistrate/Sessions ... from the said section, when his case squarely falls within sub-section (1)
of Section 436A, on having undergone more than half of the period
been in custody for more than the maximum period prescribed under Section 436A of the Code. But, the myth is an awful reality ... Prisons).
9. As pointed out by learned Amicus Curiae, application of Section 436A of the Code by the criminal courts will
under Section-
26(3) of the Arms Act can be up to a period of 10 years.
He next submits that Section-436A ... Section-26(3) of the Arms Act the
punishment can be of maximum up to 10 years. If that
be the correct position, Section-436A
days
.
of sentence as of now and in view of Section 436A, the
benefit of release may be extended.
3. In order to appreciate ... petitioner, it is relevant to take note of the provisions of
Section 436A of the Code of Criminal Procedure, which
read as under:
r 436A
days
.
of sentence as of now and in view of Section 436A, the
benefit of release may be extended.
3. In order to appreciate ... petitioner, it is relevant to take note of the provisions of
Section 436A of the Code of Criminal Procedure, which
read as under:
r436A. Maximum
passed an order relating to under-trial
prisoners vis.-a-vis. Section 436A of the Code of
Criminal Procedure, 1973. The relevant portion ... punishment of death has been specified
as one of the punishments. Section 436A reads as
follows :-
“436A. Maximum period for which an
undertrial prisoner
were required to be taken and accordingly the legislation has inserted sec. 436A in the Code by the Code of Criminal Procedure (Amendment ... without sureties. It will be relevant to quote the relevant sec. 436A amended by Act 2005 ad infra:
Section 436A - Maximum period for which
