State.
Heard. Case diary perused.
This is repeat (second) application under Section 439 , Cr.P.C
for grant of bail in connection with Crime ... respondent/State.
Heard. Case diary perused.
This is first application under Section 439 , Cr.P.C for grant
of bail in connection with Crime
Court. Appeal against the same has been
dismissed as withdrawn.
4. Section 439 of the Code reads as follows:
"439. (1) A High Court ... section (3) of Section 437 , may impose
any condition which it considers necessary for the
purposes mentioned in that sub-section;
3
(b) that
record.
This is first bail application filed by the applicant under
Section 439 of the Cr.P.C. in connection with crime No.
14/2015 ... want to press the bail
application by the applicant filed under Section
439 of the Cr.P.C.
In view of the above, the bail
appeal under Section 14A of the 1989 Act as well as filing a bail application in terms of Section 439 Cr.P.C.
Question ... appeal under Section 14A of the 1989 Act as well as filing a bail application in terms of Section 439 Cr.P.C.
(iii) Question
apply whereas Section 76(2) of „the Act‟ states that
notwithstanding anything mentioned in sub-section (1), nothing in
Section 360 and Section ... 439 of „the Code‟ in sub-section (2) of
Section 76 of „the Act‟, an application under Section 439 of „the
Code‟ would be maintainable
custody." It should be noted that Sub-section (1) of Section 439 corresponds to the provisions contained in Section ... under Section 482 of the new Criminal Procedure Code or under Section 401 of the Criminal Procedure Code, 1973, or under Section 439
shall lie under the provisions
of Section 14-A of the Atrocities Act or application under Section 438 / 439
of Code of Criminal Procedure ... Bench only pertained to applicability of section 14-A
of the Atrocity Act vis-à-vis section 439 of the Cr.P.C. The
Coordinate
after now called as 'SCSTPOA,' have come up under section
439 of the Code of Criminal Procedure, 1973, in short ' CrPC ... bail
petition in the Sessions Court or the High Court under Section 439 CrPC.
Furthermore, when the offence is triable by Magistrate, she can also
jail.
7. Sections 438 and 439 operate in different fields. Section
439 of the Code reads as follows:
"439. (1) A High Court ... section (3) of Section 437 , may impose any
condition which it considers necessary for the
purposes mentioned in that sub-section;
(b) that any condition
section (2) of section 13, sub-section (3) of section 22, clauses (a) and (c) of section 27, section 28, section 28A, section ... contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code
