dealing with bait
under s. 439 of the Code.
(2)Under section 439(2) the High Court could not entertain
application for cancellation of bail ... Sections. The
13th accused who was also a policeman has been evading
arrest.
The Delhi Administration moved the High Court under Section
439(2
order of bail under Section 439 of Cr.P.C. on facts and
circumstances of the case. Therefore, Section 439 (2) Cr.P.C. shall ... imposed
under Sub-Section (3) of section 437 , as if the
bail were granted under that section.
Section 439. Special powers of High Court
order can be cancelled under Sub-section (5) of Section 437 or Sub-section (2) of Section 439 on considerations relevant for cancellation ... kind conceived of in Sub-sections (1) and (2) of Section 437 or Sub-section (1) of Section 439 of the Code. The deeming requirement
enhancement of sentence under section
439(1) and notice is issued on the accused under section
439(2) , there is nothing in subsection (6) which ... argument that section 439(6) is controlled
by sections 369 and 430 reference has been made to section
423(2) and it has been contended
complainant locus standi to make application under Sub-section (2) of Section 439 , Cr.P.C. seeking cancellation of bail granted to an accused ... Section 439 , Cr.P.C. suo motu or at the instance of State or any aggrieved party.
Powers of High Court under Section 439(2
2) is certainly different from admission to bail Under Section 439(1) . Under Section 439(2) the High Court or the Court of Session ... offender and commit him to custody. To read Sub-section (2) of Section 439 of the new Code in such a manner would
mutually exclusive, and Section 439(1)(b) does not apply to "debenture" which would be governed by Section 439(2) . It was further ... section (o) of Section 2 of the Rajasthan Sales Tax Act, 1954 as if Sub- section 2 of Section 4 of the Central Sales
certainly different from admission to bail under section 439(1) , Cr.P.C. Under Section 439(2) , Cr.P.C. the High Court ... language used in sub-section (5) of Section 437, or sub-section (2) of Section 439 of Cr.P.C. unless the accused is actually
order falling under Section 439 of the Code and therefore the instant application under Section 439(2) is maintainable ? and
2) Whether although the opposite ... party has been one under Section 439(1) of the Code and thus the instant application under Section 439(2) is maintainable. The nature
Section 439(2) reads as
under:
"439. Special powers of High Court or
Court of Session regarding bail-
(2) A High Court or Court ... scope and object of Section 439(2). Mr. Singh further
submitted that the words used in Subsection (2) of Section 439
have to be read
