provisions of Section 436 of the
Code of Criminal Procedure, 1973. The said section reads as
under: -
"436 - In what cases bail ... rights as contemplated under Sections 436(1),
436-A and 436(6) of the Code.
Let accused be released on bail immediately on furnishing
also referred to Sub- Section 2 of Section 436 which provides that notwithstanding anything contained in Sub-Section (1), where the person has failed ... available to the court while granting bail under Section 436 . A reading of Section 436(1) of the CrPC would clearly indicate that
benefit
of Section 436-A , Cr.P.C. is intended for an under-trial
prisoner.
4. Having noticed what Section 436-A is all about ... Section 389
thereof and seeks release on bail. The fields of operation of
Section 389 , Cr.P.C. on the one hand and Sections 436
bail. Even the complainant is not required to
be heard before grant of bail. The Court has no jurisdiction when granting
bail under Section 436 ... Chapter XXXIII consists of
Sections 436 to 450 . Sections 436 and 437
provide for the granting of bail to accused
persons before trial and conviction
with the
application under Section 436-A of the Code of Criminal
Procedure. While dealing with the application under Section 436-A
of the Code ... bail under
Section 436-A of the Code of Criminal Procedure. He further
submits that rejection of the application under Section 436
bail and
arrest the accused but under Section 439 (2) Cr.P.C., Court can
cancel the bail granted to accused under Section 436 ... cancel the
bail under Section 439 Cr.P.C. Similarly, if the accused is released
on bail under Section 436
grounds for cancellation of
bail, be that under sub-section (5) of Section 437 or sub-section
(2) of Section 439 of CrPC. The only ... power vested upon the Court under Section 436 to
Section 439 of CrPC in regard to bail was dealt with by the
Supreme Court
benefit
of Section 436-A , Cr.P.C. is intended for an under-trial
prisoner.
4. Having noticed what Section 436-A is all about ... Section 389
thereof and seeks release on bail. The fields of operation of
Section 389 , Cr.P.C. on the one hand and Sections 436
similar to sub section
(5) of Section 437 of the Code over cancellation
of bail granted under that section in Section 436
of the Code ... bail under
section 439(2) of the Code a person arrested and
released on bail under sub section (1) of Section
436 of the Code
correct approach towards bail, with
respect to several enactments, including Section 37 NDPS Act. The court
expressed the opinion that Section 436A17 (which requires inter ... very
narrow margin. Given the mandate of the general law on bails ( Sections 436 ,
437 and 439 , CrPC) which classify offences based on their gravity
