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
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
caused in the trial, learned APP
contended that the explanation to section 436A Cr.P.C. provided an
exclusion where delay caused by the accused ... Court while dealing with issues of bail and
undertrials, adverted to Section 436A CrPC stated as under:
"64. Under this provision, when a person
with
respect to several enactments, including Section 37 NDPS Act. The court
expressed the opinion that Section 436A (which requires inter alia the accused ... cannot be said to be fettered by Section 37
of the Act, given the imperative of Section 436A which is applicable to
offences under
under:-
"41. Sub-section (2) has to be read along with Sub-
section (1). The proviso to Sub-section (2) restricts the
period ... bail. This we hold so
notwithstanding the beneficial provision Under Section
436A of the Code which stands on a different footing.
42. ......
43. A suspension
under:-
"41. Sub-section (2) has to be read along with Sub-
section (1). The proviso to Sub-section (2) restricts the
period ... bail. This we hold so
notwithstanding the beneficial provision Under Section
436A of the Code which stands on a different footing.
42. ......
43. A suspension
present applicants also seek their release with the aid of Section
436A of Cr.P.C.
Heard Mr.Anil Lalla, Mr.Vikram Nankani, Sr.
Counsel ... applicants on completing the
maximum period, as specified in proviso to Section 436A of the
Cr.P.C and heavily fall back on the order
