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
436 read with
Section 149 , 325 read with Section 149 , 324 read with Section
149 and 506 read with Section 149 , IPC, while the appellants ... under Sections 148 and 506 read
with Section 149 , IPC. However, they were convicted for the
offences punishable under Sections 324 , 325 , 436 read with
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
read
with Section 511 IPC; whereas all the accused were ordered to be
summoned for offences under Section 147 / 447 read with Section ... Section 511 IPC, though these accused were asked to face trial for the
remaining offences. Since, it was observed that offence under Section 436
read
pendency of
the trial, supplementary challan under Section 173(8) CrPC was
submitted wherein Section 436 IPC was deleted on the basis of
ASHWANI KUMAR ... garb of Section 173(8) Cr.P.C. has
misutilized the provisions of Section 173(8) Cr.P.C.
and deleted Section 436 IPC without
Singh and convicted appellants herein. They were
sentenced as under:-
Under Section 436 IPC: Accused is sentenced to undergo
rigorous imprisonment for a period ... four years for an offence
under Section 436 IPC and to pay a fine of Rs.2500/-. In default
of payment of fine he shall
permits the
same. An offence under Section 138 of the Act, is bailable and by virtue
of Section 436(1) Cr.P.C., an accused ... section, even to impose any condition except the
demanding of security with sureties."
9. In view of the unambiguous wording of Section 436
ingredients
of Section 435 , IPC, are squarely attracted in the present case.
Concededly, Section 435 , IPC is the lessor offence of Section, 436 ... under section 427 , IPC, by the learned trial court. Both
the substantive sentences would run concurrently. The amount of
fine imposed under Section 436
under Section 173, Cr. P. C. was presented before the illaqua magistrate under Sections 147 , 148 , 506 , IPC. Regarding offence under Section 436 ... relevant provision i.e. under Section 182 , Cr. P. C. but he cannot be charge-sheeted under Section 436 , I.P.C. He further contended
dated 18-9-1981 under dated 18-9-1981 under Section 436.
S. 436. Penal Code, Penal Code. Police Station
Police Station ... case F.I.R No. 330 dated
19-9-1981 under Section 436. 19-9-1981 under Section 436 ,
I.P.C., Police Station
