Criminal Procedure Code, 1973
Section 439 read with Section 436A—Regular bail—Blackmailing in order to commit extortion—Applicant has been charged under Sections 384/389 of IPC—Admitted position that applicant has already undergone more than three years of incarceration and therefore in terms of Section 436A of CrPC cannot be detained further in respect of Section 384 of the IPC, having already undergone the maximum punishment provided—Only issue is the grant of bail in relation to offence under Section 389 of IPC, which is a bailable offence—When the legislature has made an offence a bailable offence, the Court has no power to declare the said offence as non-bailable dehors the provisions of the CrPC—It is not in doubt that Section 436(2) of the CrPC provides that the Court may refuse to release the accused on bail, where he has failed to comply with the conditions of bail bond, however, the power to refuse bail does not ipso facto makes the offence non-bailable which has different connotations—After having brought to the knowledge that applicant was hospitalised, the trial court was not correct in issuing a non-bailable warrant without getting the same verified—Contention of respondent that the applicant, while on interim bail, had threatened the driver of the complainant—This is not a ground of such nature that would disentitle the applicant from being released on bail in a bailable offence—Despite the period of more than five years having been elapsed only 28 out of 70 witnesses have been examined—Applicant is entitled to be released on bail in terms of provisions of Section 436 read with Section 436A of the CrPC—Application allowed.
[Paras 33 to 52]