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Shri Gurbaksh Singh Sibbia and ors. Vs. State of Punjab

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 46, 46(1), 167(2), 204(1), 437, 437(1), 437(3), 438, 438(1), 438(2), 439 and 439(1); Indian Penal Code (IPC), 1860 - Sections 409; Constitution of India - Article 21; Evidence Act - Sections 27

Reported in : AIR1980SC1632; (1980)82BOMLR518; 1980CriLJ1125; (1980)2SCC565; [1980]3SCR383

not in other classes. It was observed that the principle to be deduced from the various sections in the Criminal Procedure Code was that grant of bail is the rule and refusal is the exception. An accused person who enjoys … these appeals is how best to balance these interests while determining the scope of Section 438 of the CrPC, 1973 (Act No. 2 of 1974).2. Section 438 provides for the issuance of direction for the grant of bail … the previous permission of the Court; (iv) such other condition as may be imposed under Sub-section (3) of Section 437, as if the bail were granted under that section.(3) If such person is thereafter arrested without warrant by

V. Satyanarayan Vs. State of A.P.

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 437(3), 438(1 and 2) and 482; Indian Electricity Act, 1910 - Sections 39 and 44

Reported in : 1999(5)ALD272; 2000CriLJ605

related to the conditions mentioned in sub-clauses (i), (ii) and (iv) of sub-section (2) of Section 438 of Criminal Procedure Code, 1973.2. The facts are that the petitioner herein was accused of offences under Sections 39 and 44 of … (ii) and (iv) of sub-section (2) of Section 438 of Criminal Procedure Code, 1973.2. The facts are that the petitioner herein was accused of offences … without the previous permission of the Court; (iv)such other condition as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section.' It is true that sub-section (2) contemplates that the

Nirmal Jeet Kaur Vs. the State of Madhya Pradesh and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 437, 437(3), 438 and 439; Indian Penal Code (IPC), 1860 - Sections 34, 498A and 506; Dowry Prohibition Act, 1961 - Sections 3 and 4; Constitution of India - Article 141

Reported in : 2004(2)ALD(Cri)651; 2004(3)BLJR1795; II(2004)DMC471SC; JT2004(7)SC161; 2004(3)KLT391(SC); 2004(7)SCALE324; (2004)7SCC558; 2004(2)LC1346(SC)

any opinion on the merits of the matter.26. The appeal is allowed to the extent indicated. Criminal - Criminal Procedure Code (CrPC), 1973 - Sections 437, 437(3), 438 , 439 -Grant of bail under Section 439 - Requirement of custody -

Dheeraj Singh Vs. State

Court : Delhi

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 120B, 307, 364A and 365; Code of Criminal Procedure (CrPC) , 1973 - Sections 437(1) and 439

Reported in : 121(2005)DLT342; 2005(83)DRJ255

purposes of this bail application. They are not to be considered at the trial of the case. dusty Criminal Procedure Code, 1973 - Sections 439 & 437 -- Allegation of abduction for ransom -- Doubt about actual demand being … these offences entail life imprisonment. The learned counsel for the State further submitted that Section 437(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) mandates that a person shall not be released if

Narcotics Control Bureau Vs. Kishan Lal and Others

Court : Supreme Court of India

Subject : Narcotics

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 4, 437, 438, and 482; Code of Criminal Procedure (CrPC) , 1973 - Sections 167 (2); Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 12(2), 16(1), 19(2) 20(8) and (9); Indian Penal Code (IPC), 1860; Defence and Internal Security of India Rules, 1971 - Rule 184; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15 to 35, 36A and 37

Reported in : AIR1991SC558; (1991)93BOMLR136; 1991CriLJ654; 1991(1)Crimes467(SC); 1991(33)ECC32; 1991(52)ELT328(SC); JT1991(1)SC258; 1991(1)KLT547(SC); 1991(1)MhLj204; 1991(I)OLR(SC)305; 1991 (1) SCC 705

15 to 35, 36-A and 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 439 of Criminal Procedure Code, 1973 - whether High Court right in holding that restrictions placed on powers of Court to grant bail … be deemed to affect the special powers of the High Court regarding bail under Section 439 of the CrPC, 1973 (2 of 1974), and the High Court may exercise such powers including the power under Clause (b) of … custody be released on bail, and if the offence is of the nature specified in Sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; (b) that any

N. Scmasekhar Vs. State of Karnataka

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 437 and 439; Indian Penal Code (IPC) - Sections 302

Reported in : ILR1992KAR754

in jail since 1969 and according to the Code of Criminal Procedure 1973 the period of detention of the accused has to be set off … may be liable if convicted. (3) While considering the question of granting bail under Section 439(1) of the Criminal Procedure Code, the Court should take into consideration the provisions of Section 437(1) inspite of the fact that under Section … wife back home. Held that the case did not satisfy the requirements under Section 300 of the Penal Code since it could not be said that death was intended. The case also could not come under the

N.R. Mon Vs. Md. Nasimuddin

Court : Supreme Court of India

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substance Act, 1985 - Sections 8, 19, 24, 20, 21, 27A, 29, 37, 37(1), 37(3), 43, 50, 60 and 67; Code of Criminal Procedure (CrPC) , 1973 - Sections 437 and 439

Reported in : AIR2008SC2576; 2008(56)BLJR2052; 2008CriLJ3491; 2008(2)KLT1022(SC); 2008(9)SCALE334; (2008)6SCC721; 2008AIRSCW4331; AIR2008SC2576; 2008(6)SCC721; (2008)3SCC(Cri)29; 2008CriLJ3491; 2008(4)LH(SC)2593

bail was filed before the leaned Special Judge, NDPS, Manipur, Imphal, under Section 437 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') and Section 37(b)(ii) of the said Act. But without taking note of Section 37 … bail it must be presumed that this is an order covered under Section 37(3) read with Section 439 CrPC. To say the least, the argument appears to be baseless. We cannot accept the contention that in a

Adri Dharan Das Vs. State of West Bengal

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 46(1), 156(3), 437, 437(3), 438 and 439; Indian Penal Code (IPC), 1860 - Sections 406, 420, 467 and 468

Reported in : 2005(2)ALD(Cri)67; (2006)2CALLT29(SC); 2005CriLJ1706; 2005(1)CTC710; 117(2005)DLT686(SC); JT2005(2)SC548; 2005(2)MhLj259; (2005)4SCC303; [2005] 2 SCR 188; AIR 2005 SC 1057

ground of non-availability of records.21. Appeal is accordingly disposed of with no order as to costs. Criminal - Criminal Procedure Code (CrPC), 1973 - Sections 46(1), 156(3), 437, 437(3), 438, 439 - Grant of Anticipatory Bail - Rejection of - Validity … custody be released on bail, and if the offence is of the nature specified in Sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;(b) that any condition

Sayed Mohd. Ahmed Kazmi Vs. State, Gnctd and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Unlawful Activities (Prevention) Act, 1967; Code Of Criminal Procedure (CrPC), 1973 - Sections 167(2), 437, 482; Indian Penal Code (IPC), 1860 - Sections 307, 427, 120-B

the trial. [ALTAMAS KABIR; CHELAMESWAR; SURINDER SINGH NIJJAR, JJ.] Unlawful Activities (Prevention) Act, 1967; Code Of Criminal Procedure (CrPC), 1973 - Sections 167(2), 437, 482; Indian Penal Code (IPC), 1860 - Sections 307, 427, 120-B -- On 6th … since the case involved interpretation of the provisions of the National Investigation Agency Act, 2008, the Code of Criminal Procedure, 1973 and the abovementioned Unlawful Activities (Prevention) Act, 1967. Proceedings pending before the learned Additional Sessions Judge, Central-II, … 14 days.7. On 28th March, 2012, a prayer for bail was made on behalf of the Appellant under Section 437 Cr.P.C. The said application was heard, but the Appellant’s prayer for bail was rejected on 3rd April, 2012.

M.A. Dharman, Son of Appukuttan Vs. State of Andhra Pradesh by Secreta ...

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 57, 167, 167(2), 167(3), 309, 309(2) and 437(5); Constitution of India - Articles 20, 21, 22 and 226; Customs Act, 1962 - Sections 104 and 135; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978

Reported in : 1991(1)ALT315

detenus, we may usefully extract the provisions of Sections 57 and 167 of the Code of Criminal Procedure, 1973 :'Section 57 :-No Police Officer shall detain in custody a person arrested without warrant for a longer period than … charge sheet the Magistrate passed an order remanding the petitioners to judicial custody under Section 309(2) of the Criminal Procedure Code. Having passed the order of remand, on 6-8-75 after taking cognizance of the offence, the learned Magistrate rejected … question of law as to the interpretation of Section 167(2)(b) of the Code of Criminal Procedure and the consequences that flow from contravention of or … to be so released under the provisons of Chapter XXXTII for the purpose of that Chapter i.e., under Section 437 of the Code. In other words, the Magistrate releasing the accused on bail, may, if he considers it