Whether a convict who has challenged his conviction u/s 374 is entitled to benefit of Sec 436A of CrPC 1973 for Bail?
12:46
0
The words ‘during the period of investigation, inquiry or trial’ used in Section 436-A and the insertion of the said section in Chapter XXXIII, without insertion of a like provision in Chapter XXIX, clearly restricts its operation to the matter of grant of bail at the trial stage and not at the appellate stage. Further, Section 436-A refers to the maximum period of imprisonment specified for the offence in question, and not to the period of imprisonment actually imposed.