provisions of sub-
section (3) of section 116 or section 446A.
8
(2) Notwithstanding anything contained in sub-
section (1), where a person has failed ... noticed that sub-Section (2) of Section
436 of the 1973 Code empowers any court to refuse
bail without prejudice to action under Section
sustained the conviction of the appellant under Section 302 read with Section 34 and Section 436 read with Section 34 I.P.C. while acquitting ... were convicted only under the alternative charges under Section 302 read with Section 34 and Section 436 read with Section
section shall be deemed to affect the provisions of sub-section (3) of Section 116 (or Section 446A).
(2) Notwithstanding anything contained in sub-section ... executing a bond without sureties for his appearance.
Sub-section (2) of Section 436 provides that where a person fails to comply
with the conditions
Section 34 may be committed by some persons jointly. But in order to determine that an offence under Section 149 read with Section 436 ... fact remains that a trial for an offence under Section 149 read with Section 436 will be different from a trial for the offence under
made under Sections 143 and 144 and proceedings under Section 176 are not proceedings within the meaning of this section.
2. Section 436 gives power ... other section giving power to order any enquiry at all. 'The next section, Section 437 , says:
On examining any record under Section
section shall be
deemed to affect the provisions of sub-section (3) of
section 116 or section 446A.
(2) Notwithstanding anything contained in sub-
section ... noticed that sub-Section (2) of Section 436 of the
1973 Code empowers any court to refuse bail without
application under Section 439
Cr.P.C. before this Court will not come in the way, while deciding the
application under Section 436 ... piecemeal with reference to Section 153-A IPC.
7. I have given considered thought to the contentions raised.
Section 436-A Cr.P.C. provides
bond.
Accordingly, Section 496 may be re-numbered as sub-section (1) and the
following sub-section may be added as sub-section ... bond to pay the penalty thereof under Section 446."
19 A bare reading of Sec. 436(2) of the Code shows that
Section 1(4) of the Juvenile
Justice Act, 2000 (predecessor of the Act of 2015) did not have
any occasion to consider Section 436 ... section for granting bail, the
period of detention passed due to delay in
proceeding caused by the accused shall be
excluded.
27. Although Section 436
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
