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
accused but under Section 439 (2) Cr.P.C., Court can
cancel the bail granted to accused under Section 436 Cr.P.C. He
submits ... cancel the
bail under Section 439 Cr.P.C. Similarly, if the accused is released
on bail under Section 436
under Section 426 of IPC. Apart from that, the prosecution is to establish the essential ingredients in respect of an offence under Section 436 ... Penal Code. 'Mischief' is defined in Section 425 of IPC. In fact, Section 436 of IPC is attracted when the Mischief cause
IMPOSE MAXIMUM SENTENCE ON THE ACCUSED FOR THE
OFFENCE PUNISHABLE UNDER SECTION 436 R/W
SECTION ... with Section - 34 of IPC is set-
aside.
26. Coming to the quantum of sentence, it may be
relevant to refer to Section - 436
offence under Sections 435 , 324 , 353 ,
506 read with Section 34 of I.P.C., the learned Magistrate
invoked Section 323 of IPC stating that ... with Section 34 o IPC and not
guilty for the offence under Section 506 read with Section 34 of
IPC. The offence under Section
registered under
sections 120(B) of the Indian Penal Code, under section 9B(b) of the Explosive Act,
1884 and under section ... offence under sections 120(B) of
I.P.C, section 9B(b) of the Explosive Act, 1884 and section 5 of the Explosive Substance
person in custody applying or offering for his release.
24 Sections 436 , 437 and 439 of Cr.P.C. deals with grant of bail while ... High Court, under Section 439 Cr.P.C. Section 439 Cr.P.C. cannot be invoked by the Magistrates.
29 Under Section
terms of Section
446A of the Cr.P.C., nor has passed any order in terms of
provision of Section 436 ... aspect in which the
accused persons are released on bail under Section 436 Code of
Criminal Procedure in a case registered for bailable offence
police after completion of investigation, submitted Final Form
under sections sections 147 , 148 , 341 , 323 , 307 , 506 of the I.P.C.
against the petitioners ... terms of Section 446A of
the Cr.P.C., nor has passed any order in terms of provision of Section
436
under Sections 302 and 302 / 149 of the Indian Penal Code and R.I. for
a period of 3 years under Section 436 ... under
Sections 302 and 302 / 149 of the Indian Penal Code and R.I. for a
period of 3 years under Section 436
