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Benefit Under Section 436-A Of CrPC Can Be Extended To Undertrials Only, Not Those Challenging Conviction: Bombay HC (Full Bench)

A full bench of the Bombay High Court has held that the benefit under Section 436-A of the Code of Criminal Procedure can be extended to an undertrial prisoner only, not a convict who has challenged his conviction under Section 374 of CrPC. Chief Justice Dipankar Datta, Justice RK Deshpande and Justice SB Shukre at the Nagpur bench answered a question posed to them by a division bench of the High Court after the bench found that the case at hand involves a question of general importance arising frequently in criminal matters and so the matter was referred to a larger bench. The question framed by the Division Bench, was-
“Whether a convict who has challenged his conviction under Section 374 of the Code of Criminal Procedure, 1973 is entitled to the benefit of Section 436 A of the Code ?”

Asia Law Offices advised a major transnational strategic collaboration between its client, UAE-Based Pharmax Pharmaceuticals, and Swiss pharma major Acino Pharmaceuticals.

ALO represented Pharmax in the structuring and closure of entire transaction documents of the significant collaboration.

The collaboration framework extends to licensing, manufacturing, and supply of Acino formulations within the gastroenterology and the cardiovascular space throughout the Middle East and Africa.