into the
latter section a similar provision. We have already pointed
out the basic distinction between these two sections.
Section 437 applies only after ... that there is no justification for
reading into Section 438 the limitations mentioned in
Section 437. The High Court says that such limitations are
implicit
that context that it was observed
that "As section 438 immediately follows Section 437 which
is the main provision for bail in respect ... such other condition as may be imposed under
sub-section (3) of section 437, as if the
bail were granted under that section
bail under
Section 439 of the new Code. It is, however, difficult to
appreciate how the change in the language under Section
437(1) affects ... court in favour of granting bail subject to sub- sec. 3 of
Sec. 437 Cr. P.C. with regard to imposition of conditions
if necessary
word 'may' in such sub-section (1) of Section 437 , CrPC and of the word 'shall' in three ... 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 triable under sub-
section (3) of section 376 or section 376 AB or
section 376 DA or section 376 DB of the Indian
Penal ... person
under sub-section (3) of section 376 or section 376
AB or section 376 DA or section 376 DB of the
Indian Penal Code
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 ... former. Rashmi Rekha
dealt with anticipatory bail under Section 438 and only tangentially with
Sections 437 and 439 of the CrPC, and while deliberations
release on bail under Sub-section (2) of Section 167 with Chapter XXXIII, i.e. Sections 437 and 439 of the Code, was to treat ... bail order under Section 167(2), as if an order on merit under Sub-sections (1) & (2) of Section 437. But if the fiction
XXXIII of
20
the Code of Criminal Procedure , Sections 436 to 439
deals with bail. Section 437 deals with the provision
when bails ... 437(5) and 439(2) of Cr.P.C. Sub-section (5)
of Section 437 of Cr.P.C uses expression ‘if it
considers
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
without sureties for his appearance as
hereinafter provided."
Sub-section (1) of section 437 provides as to when bail may
be taken in case ... provisos to sub-section (1) are not material and need not be
considered. 'Sub-section (2) to section 437 provides that
if the investigating
