into the latter section a similar provision. We have already pointed out the basic distinction between these two sections. Section 437 applies only after ... Section 438 of the Code? Exercise of discretion under Section 438 of the Code is a stage prior to exercise of discretion under Section 437
guilty of an offence punishable under Section 135 [see section 104(1) of the Customs Act]. Thus Section 437(1) in terms is applicable when ... 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
given by the Court."
Under Sub-section (2) of Section 437 :
"If it appears to such officer or Court at any stage ... without sureties for his appearance as hereinafter provided."
Sub-section (5) of Section 437 provides:
"Any Court which has released a person
directions as may be given by the Court.
Under Sub-section (2) of section 437 :
If it appears to such officer or Court ... bond without sureties for his appearance as hereinafter provided.
Sub-section (5) of section 437 provides:
Any Court which has released a person on bail
offence punishable with death or imprisonment for life. Sub-section (2) of Section 437 provides that, if it appears to such officer or Court ... application for cancellation of bail under the Provisions of sub-section (5) of Section 437 of the Code. It was argued that the effect
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
commit him to custody. Grant under Sub-section (1) or Sub-section (2) of Section 437 can be cancelled under Section 437(5) .
22. Section ... 437 and Section 439 on one hand and Section 438 on the other would also show that in an application under Section 437
present application has been filed mainly under Sub-section (6) of Section 437 of the Code of Criminal Procedure for bail in connection with ... appears that this application is filed mainly under Sub-section (6) of Section 437 of the Code of Criminal Procedure for getting bail
Court releasing the detenu on bail, the proceedings under Section 437 of the Code of Criminal Procedure, 1973 could not be initiated. This part ... many more eventualities. The verbalism used in Sub-section (5) of Section 437 of the Code is of wide import and the Court which
also not open for the applicant to invoke the provisions of Section
437(6) of the Cr.P.C., because Section 437 ... judicial
discretion in favour of granting bail subject to subsection (3) of
Section 437 , Cr.P.C. if it deems necessary to act under
