Section 439 in The Code of Criminal Procedure, 1973
439. Special powers of High Court or Court of Session regarding bail.
(1) A High Court ... offence is of the nature specified in sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned
such other condition as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section : Provided that ... such other conditions as may be imposed under sub-section (3) of Section 437 as if the bail was granted under that section. (3) Where
Section 438 in The Indian Penal Code, 1860
438. Punishment for the mischief described in section 437 committed by fire or explosive substance.—
Whoever commits ... explosive substance, such mischief as is described in the last preceding section, shall be punished with imprisonment for life, or with imprisonment of either description
Section 437 in The Code of Criminal Procedure, 1973
437. When bail may be taken in case of non-bailable offence.
-[(1) When any person ... section (1) or sub-section (2), shall record in writing his or its [reasons or special reasons] [Substituted by Act 63 of 1980, Section
into the
latter section a similar provision. We have already pointed
out the basic distinction between these two sections.
Section 437 applies only after ... that there is no justification for
reading into Section 438 the limitations mentioned in
Section 437. The High Court says that such limitations are
implicit
that context that it was observed
that "As section 438 immediately follows Section 437 which
is the main provision for bail in respect ... such other condition as may be imposed under
sub-section (3) of section 437, as if the
bail were granted under that section
Section 437 in The Indian Penal Code, 1860
437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons
bail under
Section 439 of the new Code. It is, however, difficult to
appreciate how the change in the language under Section
437(1) affects ... court in favour of granting bail subject to sub- sec. 3 of
Sec. 437 Cr. P.C. with regard to imposition of conditions
if necessary
word 'may' in such sub-section (1) of Section 437 , CrPC and of the word 'shall' in three ... offence is of the nature specified in sub-section (3) of Section 437 , may impose any condition which it considers necessary for the purposes mentioned
offence triable under sub-
section (3) of section 376 or section 376 AB or
section 376 DA or section 376 DB of the Indian
Penal ... person
under sub-section (3) of section 376 or section 376
AB or section 376 DA or section 376 DB of the
Indian Penal Code
