such other condition as may be imposed under sub-
section (3) of section 437, as if the bail were granted under
that section ... case of non bailable offences other than falling
under sub sec.(3) of Section 437, the court or
Magistrate may in its/his discretion impose
that nothing in this section shall be
deemed to affect the provisions of sub-section (3) of section 116 [or
section 446A
[Explanation. - Where ... 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 is of the nature specified in sub-
section (3) of section 437, may impose any condition which it
considers necessary for the purposes mentioned ... counsel
for the petitioner then point out that Section 439 Cr.P.C. overrides Section 437
Cr.P.C. but a perusal thereof also reveals
case of non bailable offences other than falling
under sub sec.(3) of Section 437 , the court or
Magistrate may in its/his discretion impose ... accused
or suspected of commission of such offence."
Sub sec.(3) of Section 437 of the Code requires the Magistrate
or Court to impose
that accrues to the accused
under first part of sub-section (6) of Section 437 of the Code;
fourthly, that the right accrues ... identical or similar to subsection (1) and sub-section (2) of the
Section 437 of the code, but may be relevant and overlapping each
other
Pathankot.
The petitioner applied for bail pending trial in terms of Section
437 (6) Cr.P.C., which has been dismissed by the learned trial ... indefeasible right as is provided under Section 167(2) Cr.P.C. While
deciding the application under Section 437(6) Cr.P.C., the Court
issue is as to whether the provisions of sub- section 6
of Section 437 of the Code are mandatory or not. Gujarat High Court ... held that the provision of sub- section 6
of Section 437 Cr. P.C. is not mandatory. Similarly, Chhattisgarh High
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other condition as may be imposed under sub
sub-section
section
(3) of section 437 ,, as if the bail were granted under that
section ... bail are enumerated in sub
sub-section
section (2) of Section 438
and sub-section (3)) of Section 437 of the Code. Normally,
conditions
Section 41 are different from the juridical
preconditions for exercise of power of arrest under Section 19(1) of
the PML Act. Section ... Gurcharan Singh (supra)
distinguishes between the language of two sub-sections of Section
437 - Section 437(1) and 437(7). It is observed that 437
otherwise directs.
(7) xxxxxxxxxxx
On a careful consideration of Sub section (6) of Section
437 Cr.P.C., this Court is of the considered view ... that the right
conferred under Sub-section (6) of section 437 Cr.P.C.is subject to the
rider i.e. "unless for reasons
