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
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
offence punishable under Section 3 of the
Explosive Substances Act and also for the offences
punishable under Sections 427 and 436 ... offence punishable under Section 307 of the IPC,
rigorous imprisonment for five years for the offence
punishable under Section 436 of the IPC, rigorous
imprisonment
virtue of a bare reading of Section 37
of the Act read with Section 436 of the Code of Criminal Procedure
(for brevity ... petitioners have thereafter
taken this Court through Section 37 of the Act and Section 436
Cr.P.C., which read as follows:
Section
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
Sessions Judge, Allahabad in Session Trial No. 245 of 1983, under Section 436 IPC, P.S. Colonelganj, District Allahabad, whereby the accused-appellant Paras Nath ... ambit of Section 435 IPC. In view of the aforesaid, conviction of accused-appellant is liable to be converted from Section 436 IPC to Section
Under Sections 436/34 Of The ... vs In Re: Shikha Ganguli & Anr on 13 February, 2020
1
13.02.2020
33
sdas
allowed ... Dinhata Police Station Case No. 542 of 2019 dated
25.12.2019 under Sections 436 / 34 of the Indian Penal Code.
And
In Re: Shikha Ganguli
submitted that
the applicant filed this application under Section 439 of the CrPC not under
Section 436(A) of CrPC. The applicant did not even ... record that the applicant filed this application under
Section 439 of CrPC not under Section 436(A) of CrPC and in that
application
contentions and grounds
urged in the petition also placed reliance on section 436-A CrPC,
contending that the petitioner has undergone detention for a period ... trial for charges under section 498-A, 304-B and 306
RPC under and in terms of section 436-A CrPC.
11. While dealing with
kind of cases, whereas scope of Section 88 CrPC is much wider. The case, in which Section 436 CrPC is applicable, an accused ... Sections 88 and 437 CrPC, it is obvious that Section 88 CrPC is not an independent section and it is subject to Section 437 CrPC
