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
this Court for orders. But in Section 439 of the present Code, which replaces Section 297 , the revision section of the repealed Act, neither ... pointed out in Section 254 and following sections. We think that in determining the effect to be given to Section 437 (sic) bear in mind
Code deals with bail in non-bailable offences. Sub-section (1) of Section 437 provides that any person accused of or suspected of the commission ... bailable and cognizable offence.
35. Thus, the provisions of Sub-section (1) of Section 437 , are controlled by three proviso added to it and these
encompasses 18 sections, from Section 436 to Section 450 Cr. P. C. Section 436 corresponds to Section 496 of old code relating to the bailable ... deals with cancellation of bail granted to the accused under this section. Section 437(6) provides that if a case is triable by a Magistrate
Section-9 of the Cr.P.C. which provides that the State Government shall establish a Court of Sessions for every Sessions Division. Sub Section ... Sessions Division. It has also been discussed that the provisions of Section 437 and 439 Cr.P.C. there is a use of words
offence of Section 804A, and not of Section 304, Penal Code, charged him under Section 304A and refrained from charging him under Section 304, Penal ... other charge of Section 325 , Penal Code or of convicting him under both sections. Neither Section 227 nor Section 437 of the Code would apply
bailable offences, Magistrate must grant bail since Sub-section (1) of Section 437 does not confer any discretion upon him to refuse bail ... different verbs in various sub-sections of Section 437 and three other allied sections of Chapter XXXIII was not brought to the notice
infirm as provided in the first proviso to Sub-section (1) of Section 437 of the Code. In the instant case, the persons whom petitioner ... fall within the ambit of the proviso added to Sub-section (1) of Section 437, Cr.P.C.
6. Similarly in Gurcharan Singh v. State
discretion under Section 439 of the Criminal Procedure Code, a Section not available to Magistrate whose jurisdiction is confined to Section 437 of the Criminal ... fall within the ambit of the proviso added to Sub-section (I) of Section 437, Cr.P.C.
44. Another Division Bench of this Court
wish to suggest and recommend some measures regarding this section.
Suggestions and Recommendations
88. Section 437-A , CrPC is as follows:
437-A. Bail ... CrPC has been amended by section 32 of the Amending Act to include section 437-A in its heading. Notes on clause 41, by which
