bail were granted under that section.
6. On reading of sub-section (3) of Section 437 , sub-section (1) of Section 439 and sub-section ... section 2 of Section 438 in regard to anticipatory bail can be imposed. While granting bail under Section 437(1) or 439(1). The discretion
petitioner
notwithstanding being a woman and entitled for consideration
under Section 437 of the Cr.P.C. should not be released in the
matter ... conditions. Though the petition is filed
under Section 439 of Cr.P.C., the proviso to
Section 437 can be equally made
case of non bailable offences other than falling
under sub sec.(3) of Sec.437, the court or Magistrate may in
its/his discretion impose ... accused or suspected of commission of such
offence.
5. Sub sec.(3) of Sec.437 of the Code requires the
Magistrate or court to impose
such other condition as may be imposed under sub section (3)
of Section 437, as if the bail were granted under that section ... nature of the power conferred by Section 438 and
regarding the question whether the conditions mentioned in
Section 437 should be read into Section
implied power to do so under sub-section [1] read with sub-section (5) of section 437 of the Code.
5. Before adverting ... been released by the court under sub-section [1] or sub-section (2). Thus, section 437 in terms contemplates that the court has the power
attracted and if Sub-section (2) of Section 167, Cr. P.C. is attracted Sub-section (5) of Section 167 will also be attracted ... purpose and unless we shut our eyes to Section 4(2) and Section 437, no other view is possible".
The Patna High Court
such other condition as may be imposed
under sub-section (3) of section 437 , as
if the bail were granted under that
section ... such other condition as may be imposed
under sub-section (3) of Section 437 , as
if the bail were granted under that
section
Section 439(2) of the Code.
30. The deeming Section of correlating the release on bail under sub- section 2 of Section 167 with Chapter ... Section 439(1). It follows as a natural consequence that the said order can be understood under sub- section 5 of Section 437
such other condition as may be imposed under sub-section (3)
of section 437 , as if the bail were granted under that section ... difference between the pre-arrest bail order under
Section 438 and the bail order under Sections 437 & 439 Cr.P.C.
The only difference
obstante clause contained in
Section 12 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, provisions under Section 437 ... dealt
with under Section 12 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 and not under Sections 437
