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
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
strict compliance of twin conditions under
Section 45 of the PMLA Act. It was also observed that Section 436A
needs to be construed ... Court, unlike
the default bail under Section 167 of the 1973 Code. Under
Section 436A of the 1973 Code, however, the Court is required
that the said Section
speaks about maximum period for which an undertrial prisoner can be
detained. First proviso to Section 436A states that the court ... received copies u/s 207 of CrPC. Misc application
filed by another accused person.
22.04.2022 Gautam Kundu was produced. Application u/s
436A of CrPC
each case on its own merit under the mandate vested under
Section 436A of the Cr.P.C. and take necessary steps in that regard ... finding out
such UTPs who may come under the purview of Section 436A of
CrPC and found that there is no such case pending. (Report
seven
years and hence, this Court has to invoke Section 436A of
Cr.PC. The counsel also vehemently contend that already ... earlier bail petition. The counsel also would vehemently submits
that Section 436A cannot be invoked and he was taken to
custody only
accepted as valid. Besides the
provisions of Sections 415 and 420 read with Section 120B IPC and Section 8 of
the PC Act, the petitioner ... committed offences under Section
467 IPC which is punishable with upto life imprisonment. In this backdrop, the
provisions of Section 436A would not stand attracted
since 23.10.2016 before conviction.
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
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
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
