What is difference between section 437 and 439 CrPC?

The only difference of power vested under Section 437 of CrPC is that a Court of Magistrate, which granted bail, may cancel the bail on the grounds mentioned above and the Court of Sessions and the High Court enjoy a superior power in cancellation of bail, be it granted under Sections 436, 437, 438 or 439 of CrPC …

What CrPC 438?

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released …

Who may be released on bail?

According to Section 439(1) of the Code of Criminal Procedure, a High Court or Court of Session may direct,— (a) That any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of Section 437, may impose any condition which it considers …

What is 436 a CrPC?

Section 436-A CrPC states that where a person has, during the period of investigation, inquiry or trial under the CrPC of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one- …

When can bail once granted be Cancelled?

State of M.P (2004 13 SCC 617) where the Apex Court has held, “Bail can be cancelled on the existence of cogent and overwhelming circumstances but not on reappreciation of the facts of the case.” The reason is due to the provision of Section 362 of CrPC which bars a Court from altering or reviewing any case where a …

Can an FIR be quashed?

Section 482 of CrPC explains the inherent powers of the High Court. Under this section, a High Court can quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.

Can bail be granted before filing of chargesheet?

While specifying as to what procedure is to be adopted in filing an application for default bail, the Supreme Court in Rakesh Kumar Paul (Supra) held by the majority judgment that even an oral application for grant of default bail would suffice, and so long as such application is made before the charge sheet is filed …

What is 437 a CrPC?

Bail to require accused to appear before next appellate Court.

Who can grant bail under 436 CrPC?

Section 436 of CrPC deals with bail in bailable cases. This section empowers the court as well as the police to grant bail.