offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice ... bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code
bail granted under Section
438 has to be time bound. The position is the same as in
Section 437 and Section 439 ... extraordinary character because ordinarily the
bail is applied for under Section 437 or Section 439. These
sections deal with the power to grant or refuse
concerned. After
arrest, the accused must seek his remedy under Section 437
or Section 439 of the Code, if he wants to be released ... left to the
ordinary remedy of applying for bail under Section 437 or
Section 439 , Criminal Procedure Code, after he is arrested.
Shri
Section 439 in The Indian Penal Code, 1860
439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.—
Whoever intentionally
Section 437 of the new Code corresponds to Section 497 of
the Code of Criminal Procedure, 1898 (briefly the old Code)
and Section 439 ... which are common bote in the case of
Section 437(1) and Section 439(1) , Cr. P.C. of the new Code
are the nature
Section 439 in The Companies Act, 1956
439. Provisions as to applications for winding up .-
(1) An application to the [Tribunal] for the winding ... company shall be by petition presented, subject to the provisions of this section,- (a) by the company; or (b) by any creditor or creditors, including
sections, then again using the word 'shall1 in Section 436 and the word 'may' in Section 439 we cannot but hold that ... Public Prosecutor in Section 437 but there is such a requirement in the proviso to Section 439(1) . Obviously this difference was made by Parliament
would be apposite to refer relevant provisions of Section 437 (3),
438 (2) and Section 439 (1) of Cr.P.C. which may throw some ... imposed
under Sub-Section (3) of section 437 , as if the
bail were granted under that section.
Section 439. Special powers of High Court
open to him to avail of the remedy of bail
under Section 439 of the CrPC. The High Court declined prima facie to consider ... investigation under Section 173(8) of the CrPC in respect of Crime No.
59 of 2018 under Section 306 read with Section
which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure ... contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code
