2013 (1) ABR 674 ::(2013) 1 BomCR(Cri) 617 ::2013 AllMR(CRI) 626

Bombay High Court

Hon'ble Judge(s): A. M. Thipsay , J

( A ) Criminal P. C. (Amendment) Act (25 of 2005) S. 42 , 1 ( As amended by S. 2 of Criminal P.C. (Amendment) Amending Act (25 of 2006)) — Penal Code (45 of 1860), S. 324 — Offence punishable u/S. 324 — Whether bailable or non-bailable — By Criminal P.C. (Amendment) Act (25 of 2005) offence punishable u/S. 324 was made non-bailable — However said amendment did not come into force at once — After amendment of S. 1(2) of Criminal P.C. (Amendment) Act (25 of 2005) by Criminal P.C. (Amendment) Amending Act (25 of 2006) provision was made for different dates being appointed for bringing different provision of Amendment Act (25 of 2005) into force — Notifications were issued accordingly by Central Government bringing va-rious provisions of Amendment Act (25 of 2005) into force from time to time — However no notification giving effect to amendment whereby offence u/S. 324 was made “non-bailable” has been issued by Central Government so far — Consequently offence u/S. 324 continues to be bailable.The question that arised is whether the provision of Clause (f)(iii) of Section 42 of the 2005 Act have been brought in force by appointing a date therefore. It transpires that no notification giving effect to the said amendment i.e. making the offence punishable under Section 324 of the IPC “non-bailable” has been issued by the Central Government, so far. If no notification giving effect of the amendment in question i.e. amendment to the Fif....