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
Palanivel vs The State on 29 March, 2019
Author: N.Anand Venkatesh
Bench: N.Anand
provisions dealing with the
release of the accused persons on bail.
6. Section 436 says when any person other than a person accused ... discretion vested with the court. The
first proviso to sub- section 1 of section 436 Cr.P.C also provides for
dispensing with with
before the trial Court, and they shall be released on bail under Section 436 Cr.P.C. on the same day, on condition that they ... surrender, the trial Court is directed to release him on bail u/s 436 Cr.P.C. on the same day on condition that
bail while Section 438 Cr.P.C, deals with grant of anticipatory bail. Sections 440 to 450 Cr.P.C. deals with execution of bail ... surrender by the Court. Under Sections 436 , 437 Cr.P.C. and under Section 439 Cr.P.C. bail comes after arrest, after jail
appearance, he
shall file an application for bail under Section 436 Cr.P.C. and on such bail
application being filed, he shall be granted ... absconds, a
fresh FIR can be registered against him under Section 229-A IPC. He shall
cross-examine the witnesses on the day they
instance case does not come under sub-section (2) of Section 436 . Therefore, this court is of the view that the petition must fail. Accordingly ... Bailable Warrant or surrender and seek his release on bail under Section 436 of Cr.P.C. since admittedly he has not executed any bond
Strangely, the petitioner filed a petition, through his counsel, for
bail under Section 436 of the Code ... this case, the
petitioner filed a petition under Section 436 of the Code for bail as though
either pending investigation or pending trial
bailable offence is entirely different. The right to claim bail granted by Section 436 of the Code in a bailable offence is an absolute ... found in Section 436 of Cr.P.C. As has been laid down by the Hon'ble Supreme Court, under Section 436
violence. On 15.3.2001 itself, the detenu filed his application for bail
under Sections 436 and 437 of the Code of Criminal Procedure, adding
