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
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
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
Court releases a person on bail under sub-section (1) or
5
sub-section (2) of Section 437 CrPC, at a later stage,
comes ... Section 437 (5) CrPC, cancelling the bail granted
to the petitioners, despite the fact that he himself
8
granted the bail under Section 436 CrPC
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
Bail' in s. 436 of the Criminal Procedure Code
suggests 'with or without sureties. And, 'bail bond` in s.
436(2) covers ... give bail'. Here, 'bail' suggests 'with or
without sureties'. And, 'bail bond' in Sec. 436(2) covers
bail application under Section 439 Cr.P.C. will not come in the way while
deciding the application filed by the applicant under Section 436 ... bail application under Section 439
Cr.P.C. before this Court will not come in the way, while deciding the
application under Section 436
section 514 for forfeiture of
the bail bond.
Accordingly, Section 496 may be re-numbered as sub-section (1) and the
following sub-section ... under Sec. 436(1) as a matter of right even in a bailable case. To say
that Sec. 436(2) would deny bail only
