Section 437(6) of CrPC is Particular in Nature: Legal Discourse
Advocate in India
Volume III – Issue I, 2021
The Code of Criminal Procedure 1973 (hereinafter ‘CRPC’) provides procedure for investigation, inquiry and trial in any criminal case. It forms core law on the procedure of criminal trial in our country. The criminal cases have been classified into cognizable and non-cognizable offence. But both of these categories could constitute a bailable offence. Therefore, all the cognizable offences confer jurisdiction on the Judicial Magistrate to detain the accused for ninety days or sixty days, according to the provisions of section 167 of CRPC. However, section 437(1) of CRPC confers discretion to grant bail in case of cognizable offence/s of the specifications provided in it. Therefore, a question arises whether the provisions of section 437(6) of CRPC regulates the discretion of Hon’ble High Court or Hon’ble Supreme Court for grant of bail in any manner? This paper endeavours to find the extent of applicability of section 437(6) of CRPC in the applications for grant of bail and its effect over the mandate imposed by section 167(2) of CRPC in order to ensure literal interpretation of the provisions of law related to grant of bail.