Raju: second mistake High Court committed was once you hold Section 43D(5) is not applicable, you exercise powers under 437 CrPC. HC was faced with a situation, and since 43D(5) will not apply, ordinary law will apply- 437 or 439 CrPC- you can't release if he is prima facie guilty of punishment of death, life etc and this restriction is not in 439.

J Kumar: proviso to 437(1)(i) would give benefit to the first petitioner