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 ?”