bond to pay the
penalty thereof under section 446."
8. Sub-section (1) of section 436 provides that
when any person other than ... 2013 13:52:34 :::
: 15 :
section 496. Sub-section (2) of section 436 gives power
to the Court to decline bail in the event
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
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
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
following proviso is added between Sub-Section (1)
and first proviso to Sub-Section (1) of Section 436-A
"Provided that where such person ... Section (1) of Section 479
of BNSS, it is necessary to set out the statement of objects and
reasons behind enactment of Section 436
support of the
bail application, has laid his emphasis on Section 436-A of the
Cr.P.C. and he would stressfully rely upon ... preferred under Section 439 of the Cr.P.C.
8. Since Mr.Ponda has premised his submission based on
Section 436-A, I deem
exercised in an
appeal under Section 374 of the Code. In the light of the express language of Section
436 A of the Code referring ... challenged his conviction under Section 374
of the Code of Criminal Procedure, 1973 is entitled to the benefit of
Section 436 A of the Code
record in all other cases. A careful examination of these sections shows that Section 436 explains the revisional jurisdiction of the Courts mentioned therein over ... only act under Section 437 .
14. Now there is some, distinction between these two sections and it is this. Section 436 provides that the Sessions
Section 437(3). There are no such conditions which can
be imposed while granting bail in a bailable offence under sec. 436 ... grant or refuse bail. Subject to first
proviso to sub-section (1) of section 436 of the Code of 1973,
the Court may modulate
into any complaint which has been dismissed under Section 203 or Sub-section (3) of Section 204 , or into the case of any persons accused ... Section 415 of the Code.
21. As regards the principles which should govern the action of the Sessions Judge under Section 436 of the Code
