whereby
the application filed by the present Applicant under Section 436-A
of the Code of Criminal Procedure for grant of default bail has been ... Section 12 of the PC Act and Sections 109
and 120B of the Indian Penal Code have been framed. Regular
bail applications under Section
fine, he has to further undergo six months imprisonment. Under Section 436 IPC, he has been sentenced to undergo Rigorous imprisonment for life. Both sentences ... that prosecution has failed to establish guilt of accused appellant under Sections Sections 436 and 302 I.P.C. beyond reasonable doubt
unless and until the
conditions/factors laid down in sub-section (2) of Section 436 of
CrPC are not complied with. The Ld. Court below ... section (5) of Section 437 or sub-section
(2) of Section 439 of CrPC. The only difference of power vested
under Section 437 of CrPC
invoke section 34 I.P.C. and to maintain the conviction of the
second appellant-Vivek under Section 436 ... read with
Section 34 I.P.C. The conviction of the second appellant-Vivek
under Section 436 read with Section
whereby the application filed by the
Applicant/accused under Section 436-A of the Code of Criminal
Procedure for grant of default bail has been ... sentence of imprisonment for 7 years, on 19.3.2019, an
application under Section 436-A of the Code of Criminal Procedure
was filed
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 ... bond without sureties for his
appearance. The explanation to sub-section (1) of section 436
provides that when a person is unable to give bail
bail in the
trial Court in view of the provision under section 436-A of Cr.P.C.
The petitioner in pursuance to such order ... ground of statutory
violation of the provision contemplated under section 436-A of
Cr.P.C. in detaining the petitioner more than one-half
Palanivel vs The State on 29 March, 2019
Author: N.Anand Venkatesh
Bench: N.Anand
Nirmal Singh Garewal Vs. Nitin Jaiswal and others) under Sections 307 , 436 , 392 , 380 , 504 and 506 I.P.C., P.S. Kotwali Bareilly, District ... Nirmal Singh Garewal Vs. Nitin Jaiswal and others) under Sections 307 , 436 , 392 , 380 , 504 and 506 I.P.C., arising out of Case Crime
Procedure , 1973 prescribes only three provisions for
cancellation of bail, viz. Sections 436(2) , 437(5) & 439(2) . As per
Section 436 ... court which passed the order of bail under
Section 436(1) of CrPC, can cancel the same by invoking power
under Section 436
