offence has been converted under Section 302 IPC and the matter before the court was under Section 437(5) Cr.PC. therefore, the application ... petition Section 482 Cr PC. His contention is that even if, the Magistrate had had no power to cancel the bail under 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
case of non-bailable offence. The relevant part of Sub-section (1) of Section 437 reads as under:
When any person accused of or suspected ... courts and the word "court" occurring in sub-sec, (1) of Section 437 would even mean the court of Additional Sessions Judges
learned Magistrate has dismissed the petitioner's application under Section 437(6) Cr.P.C. and has declined to release the petitioner on bail ... nature. Unlike, Section 167(2) Cr.P.C. which grants a statutory bail, by operation of law, under Section 437
accused-applicant only after she has failed before the Magistrate under Section 437 Cr.P.C. The relevant considerations in granting or refusing bail under ... Section 437(1) and 439(1) Cr.P.C. are common. Granting or refusing bail under Section 437(1) and under Section
accused for the offences under Sections 420, 467, 468, 471, 474 read with Section 120-B IPC and Sections 31 and 72 of the Jaipur ... trial Court and moved application for grant of bail under Section 437 Cr.P.C. but the same was dismissed vide order dated
under that section. Section 167 Cr.P.C. would apply only to an accused who was forwarded to a Magistrate under Section 167(1) because ... held that order passed under Section 167(2) would be an order under Section 437(1) or (2) or 439 Cr.P.C . The grounds
section (2) of Section 167. In other words, the contention is that the provisions of bail contained in Sub-section (2) of Section ... either under the proviso to Sub-section (2) of Section 167 or Section 437 / 439 , Cr.P.C. They further urged that no bail
Pakistan intelligence.
He further submits that the provision of sub-section (6) of Section
437 Cr.P.C. confers discretionary power on the Magistrate ... stage, it is apposite to refer the
provision of Sub-Section (6) of Section 437 Cr.P.C. For the sake of
ready-reference, same
Section 37 of the Act are in consonance with the requirement prescribed Under Clauses (i) & (ii) of Sub-section (1)of Section 437 ... offence is of the nature specified in Sub-section (3) of Section 437, may impose any condition which it considers necessary for the proposes mentioned
