UPHJS2018-2
Main Exam

Q.13 An FIR has been lodged at police station Civil Lines Prayagraj alleging commission of offences by a under section 419 420 467 468 Indian Penal Code. A prefers an application under section 438 of the code of criminal procedure 1973 before a sessions court having territorial jurisdiction to have direction for grant of bail apprehending his arrest. Draw an order on the application aforesaid by keeping in mind all possible preliminary objections those can be taken by opposite party [10 marks]

Answer and Notes

438 not applicable

UPHJS2018-1
Pre. Exam

73. In a bailable offence the bail is granted as matter of right :
(a) by the police officer
(b) by the court
(c) both by the police officer & the court
(d) cither (a) or (b)

Answer and Notes Answer is C

Sandeep : According to section 436 of CrPC both the Court and the Police Officer are competent to grant bail.

UPHJS2018-II
Pre. Exam

13. Section 436-A of the Code of Criminal Procedure, 1973, provides for grant of bail to an accused pending trial if:

(a) he has undergone detention for one-fourth period of imprisonment specified for the offence for which he is being tried

(b) he has undergone detention for one-third period of imprisonment specified for the offence for which he is being tried

(c) he has undergone detention for one-half period of imprisonment specified for the offence for which he is being tried

(d) (a) and (b) above

Answer and Notes Answer is C



Explanation: Section 436-A of Code of Criminal Procedure provides that where a person has, during the period of investigation, inquiry or trial under the Code for an offence under any law (except the offence which provides death punishment) undergone detention for a period extending up to one-half of the maximum period of imprisonment provided for the offence, he shall be released by the court on his personal bond with or without sureties. This section was inserted by Act 25 of 2005 (w.e.f 23-06-2006)