Court in favour of granting bail subject to sub-section (3) of Section 437 with regard to imposition of conditions, if necessary. The Supreme Court ... Court in favour of granting bail subject to sub- section 3 of
Section 437 with regard to imposition of conditions, if
necessary. Unless exceptional circumstances
obvious that Section 88 Cr.P.C. is not an independent Section and it is
subject to Section 437 Cr.P.C. Therefore ... bailable offences subject to
the specified exception under Sub-section (2) of that section.
Section 437, Cr. P.C. provides as to when bail
provision of Section 88 Cr.P.C and even otherwise the petitioner should have been granted bail under Section 437 ... court in favor of granting bail subject to sub-section (3) of Section 437 , Cr.P.C with regard to imposition of conditions, if necessary
contend that a woman is entitled for bail under
proviso to Section 437 of Criminal Procedure Code which is a beneficial
provision for woman ... Sheikh Ashraf Adbul Kadar (Supra).
13. Considering the proviso to Section 437(1) it was held that the
word "may" in first proviso
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
into the latter section a similar
provision. We have already pointed out the basic distinction
between these two sections. Section 437 applies only after ... such other condition as may be imposed under sub-
section (3) of Section 437, as if the bail were granted under
that section
paras 23, 27, 29-31)
"23. Both Sections 437(5) and 439(2) empowers the
court to arrest an accused and commit ... provisions of
Sections 437(5) and 439(2) CrPC. Sub-section (5)
of Section 437 CrPC uses expression „if it considers
BAIL APPLN. 2030/2023
mean that
persons specified in the first proviso to sub-section (1) of
Section 437 should necessarily be released on bail. The proviso ... fourth
proviso to sub-section (1). While releasing on bail, the conditions as
prescribed in sub-section(3) of Section 437 besides any other condition
petitioners, is that the Trial Court has ignored the provisions of Section 437(6) of the Code of Criminal Procedure (in short referred ... bail. According to him, the word 'shall' appearing in Section 437(6) clearly gives a mandate to the Court that in case
application being made for bail is really msconceived. Neither section 436(1) nor section 437(1) nor any other section dealing with bail enjoys ... under section 436(1) , since the offence becomes bailable. Hence, cancellation can be had only under section 439(2) , and not under section 437
