Interpretation of s.437 of crpc

vipin kumar mishra (Querist) 15 April 2014 This query is : Resolved
sir,

what is correct interpretation of second part of section 437(1)(ii)?
pls explain with example and case law

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Dr J C Vashista (Expert) 15 April 2014
Academic query

Devajyoti Barman (Expert) 15 April 2014
academic query indeed which is not replied here.

Guest (Expert) 15 April 2014
Interpretation can be with specific reference to background of the problem, which you have not discussed even to the slightest extend.

Also, you have not given different interpretations to compare which is the correct interpretation.

Moreover, as a student, would you need opinion of experts in your own interpretation, you were required to give your own interpretation for aking whether your interpretation is right or wrong. Don't expect spoon feeding from the experts.

Rajendra K Goyal (Expert) 15 April 2014
Academic query.

T. Kalaiselvan, Advocate (Expert) 15 April 2014
Well advised by expert Mr. Dhingra, that first the author should attempt himself and then approach others if he is struck in between.

vipin kumar mishra (Querist) 16 April 2014
thanks sir for making me correct.I have done mistake because i asked any query first time.
One understanding on second part of sec 437(1)(ii) of crpc is that it covers petty cognizable offences committed by the accused and convicted on two or more occasions for which punishment is three or more years and if he again commits cognizable offence and previous offences were so total punishment for the offences on two or more occasions is seven years or more, then he shall not be given bail.

vipin kumar mishra (Querist) 16 April 2014
Another understanding on second part of sec 437 (1)(ii) of crpc is that the accused had committed cognizable offences and punished on two or more occasions for which minimum punishment is three years and maximum is seven or more years then next occasion he shall not be given bail.

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