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
consideration of the
cases entitled to be considered for release under Section 436A of the Cr.P.C.
Mr. Mathur submits that the Under-Trial ... UTRC) which
has been constituted for consideration of cases falling under Section 436A
Cr.P.C. has not been meeting and conducting review
bail pending
trial. Reference is made to the provisions of Section 436A,
apart from Section 439 Cr.P.C. in support of the application ... Counsel for the petitioner took us through the
various elements of Section 436A Cr.P.C. to buttress his
contention that in the case
Learned senior counsel for the appellant has also referred
briefly to section 436A Cr.P.C., which, it is contended, entitles
an accused ... period of imprisonment
specified for that offence. In our opinion, though section 436A
Cr.P.C. in its terms does not apply to this case
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
released on bail has no legs to stand.
So far as Section 436A of Code of Criminal Procedure is
concerned it is submitted ... before the Appellate Court under Section 374 of
the Code.
16
(iii) If it is held that section 436A of the Code of
Criminal Procedure
true that the pre-trial
detention is not a punishment but Section 436A of Cr.P.C gives a
guiding factor to deal with such ... situation. Section 436A of Cr.P.C
reads as under:-
"S.436A. Maximum period for which an
under trial prisoner can be detained-
Where
2173/2020. He
further submits that as per provisions of Section 436A of Cr.P.C.,
the applicant should be released on bail on such ... sentenced for the offence, he may be enlarged on
bail under Section 436A of Cr.P.C.
Per contra, learned P.L. for respondent - State
Section 436 of the Code of Criminal
Procedure, 1973. An equally soft approach to
incarceration has been taken by Parliament by
inserting Section 436A
Section 436 of the Code of Criminal Procedure,
1973. An equally soft approach to incarceration
has been taken by Parliament by
inserting Section 436A
