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
dealing with the issue and reference has also been made to Section
436A Cr.P.C. which provides for grant of bail when a person ... various jails
are undertrial prisoners. In spite of incorporation of Section 436A in
Cr.PC . undertrial prisoners continue to remain in prisons in violation
first flush, one is reminded of Section 436A of the
Code of Criminal Procedure, which reads thus:-
"436-A.-Where a person has, during ... opinion of this Court, provisions of Section 436A of
the Code of Criminal Procedure are meant for dealing with the
cases of under-trials
could be
expedited. She invited my attention to the provisions of
section 436A of the Code of Criminal Procedure, 1973
(hereafter ... incarceration, which in my opinion proceeds on an
incorrect reading of section 436A of Cr.P.C. Section 436A
deals with the situation where
could be
expedited. She invited my attention to the provisions of
section 436A of the Code of Criminal Procedure, 1973
(hereafter ... incarceration, which in my opinion proceeds on an
incorrect reading of section 436A of Cr.P.C. Section 436A
deals with the situation where
parameters enshrined in Section 37 thereof. In a given
case, bail can also be granted when approached under Section 436A of
the Criminal Procedure Code ... Constitution of India stand
infringed, then Section 37 of the NDPS Act, 1985 or Section 436A of the
Criminal Procedure Code does not impede
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
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
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
bail u/s 45 of the PMLA, has held that the right
of bail arises at the stage of Section 436A ... Chaudhary (supra) and connected matters, has upheld the mandatory twin
conditions u/s 45 of the PMLA.
42. The PMLA is a special statute
