Section 436 in The Merchant Shipping Act, 1958
436. Penalties .-
(1) Any person who contravenes any provision of this Act or fails to comply with ... respect of any such offence no penalty is specially provided in sub-section (2), he shall be punishable with fine which may extend
investigation, but is akin to sub-section (6) of
Section 437 thereof. The other part of the section, however,
appears to be of mandatory nature ... 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
into any complaint which has been dismissed under Section 203 or Sub-section (4) of Section 204 , or into the case of any person accused ... Section 399 have been substantially equated with those of the High Court under Section 401(1) a provision in pari materia with Section 436
ground for interference under the old Section 437 corresponding to the present Section 436 and that the restrictions which the High Court imposes on itself ... revisional jurisdiction under Section 439 do not apply to the exercise of the powers under Section 436 .
Moreover, the implied discharge here was under Section
legitimate recourse to Section 149 IPC for
putting the accused persons on trial for the offence under Section 436
IPC.
37. The charge-sheet ... offence under Section 188 IPC) and rigorous imprisonment for five
years with fine of Rs.5,000/- each for offence under Section 436
minimum punishment
provided for offences under Sections 22 and 27A of NDPS Act is ten
years. Whereas Section 436-A of Cr.P.C provides ... under this Section is
twenty years and the minimum sentence provided is 10 years and
minimum fine of one lakh. If Section 436
Section 436 in The Central Excise Act, 1944
436. Subs
provisions of Sub-section (3) of Section 116 or Section 446-A.
(2) Notwithstanding anything contained in Sub-section (1), where a person has
failed ... penalty thereof
under Section 446."
(Underlining for emphasis)
Sections 116 and 446A mentioned in second proviso of Section 436 are concerning inquiry for giving
whereby
the application filed by the present Applicant under Section 436-A
of the Code of Criminal Procedure for grant of default bail has been ... Section 12 of the PC Act and Sections 109
and 120B of the Indian Penal Code have been framed. Regular
bail applications under Section
trial for
commission of bailable offences under Sections 499 / 500 IPC. The
petitioner urged that under Section 436 Cr.P.C. grant of bail ... further reads :-
"8. It may be noticed that Sub-section (2) of
Section 436 of the 1973 Code empowers any
court to refuse bail
