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Harish JaIn and ors. Vs. State and ors.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 438

Reported in : 1994IIIAD(Delhi)1525; 1994(3)Crimes339; 55(1994)DLT631; 1994(31)DRJ292

with certain modifications and became Section 438 of the Criminal Procedure Code 1973. (13) Section 438 Cr.P.C. provides:- 'SECTION 438. Direction for grant of bail … Kumar, J. (1) This is a petition tinder Section 438 of the Code of Criminal Procedure for grant of bail to the petitioners in anticipation … Arun Kumar, J. (1) This is a petition tinder Section 438 of the Code of Criminal Procedure for grant of bail to the petitioners in anticipation of arrest. According … bail which will have a tendency to prejudice the fair trial of the accused.(12) The draft bill of the Criminal Procedure Code 1970 contained clause 447 which was a provision for anticipatory bail. On this the Law Commission in its

Lavesh. Vs. State (Nct of Delhi)

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure(CrPC) 1973 - Section 438, 82

husband of the deceased, has made out a case for anticipatory bail in terms of Section 438 of the Criminal Procedure Code, 1973 (hereinafter referred to as “the Code”)?6) Before considering the claim of the appellant, it is useful to … deceased, has made out a case for anticipatory bail in terms of Section 438 of the Criminal Procedure Code, 1973 (hereinafter referred to as “the Code”)?6) Before considering the claim of the appellant, it is useful to

Gokul Bhagaji Patil Vs. State of Maharashtra and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Maharashtra Control of Organised Crime Act, 1999 - Sections 2, 3, 3(2), 21(4) and 24; Indian Penal Code (IPC) - Sections 34, 257, 260, 420, 467 and 468; Indian Postal Act, 1898 - Sections 55; Code of Criminal Procedure (CrPC) , 1973 - Sections 438(2) and 439

Reported in : 2007CriLJ776; JT2007(1)SC311; 2006(13)SCALE262; (2007)2SCC475

34, 257, 260, 420, 467 and 468 of Indian Penal Code - - Sections 438(2) and 439 of Criminal Procedure Code (CrPC), 1973 -- Application filed by appellant for grant of bail was rejected - Hence present appeal - Held, since … certain places. As a result thereof some persons were arrested and case (C.R. No. 274 of 1999) under Sections 257, 260, 420, 467, 468 read with 34 of Indian Penal Code and under Section 55 of the

Balchand JaIn Vs. State of Madhya Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Defence and Internal Security of India Act, 1971 - Sections 38; Code of Criminal Procedure (CrPC) 1973 - Sections 2, 13-A, 34, 35, 36, 37, 38, 436, 437, 437(1) and 438; Defence and Internal Security of India Rules, 1971 - Rule 184

Reported in : AIR1976SC366; (1976)4SCC572; [1977]2SCR52; 1977 Cri LJ 225

'anticipatory bail'. The majority view was that there was no such power in the court under the old Criminal Procedure Code. The Law Commission, in its Forty First Report pointed out:The necessity for granting anticipatory bail arises mainly because … can be competently made by a Court of Session or a High Court under Section 438 of the CrPC, 1973 in case of offences falling under Rule 184 of the Defence and Internal Security of India Rules, 1971

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

Dilip and anr. Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 438

Reported in : 1990(1)BomCR425

M.S. Ratnaparkhi, J.1. This is an application for anticipatory bail under section 438 of the Criminal Procedure Code in an offence punishable under sections 147, 148, 302, 307 read with section 149 of the Indian Penal … M.S. Ratnaparkhi, J.1. This is an application for anticipatory bail under section 438 of the Criminal Procedure Code in an offence punishable under sections 147, 148, 302, 307 read with section 149 of the Indian Penal … the power to grant anticipatory bail was introduced into the Code of 1973.'8. The need to have such powers expressly in the Statute was felt

Ramrao Marotrao Budruk Vs. the State of Maharashtra and anr.

Court : Mumbai

Subject : Criminal

Acts : Prevention of Insults to National Honour Act, 1971 - Sections 2; Code of Criminal Procedure (CrPC) , 1973 - Sections 438

Reported in : 1995(2)BomCR569; (1995)97BOMLR953

into contempt by his own action. The petitioner moved the Sessions Court at Nanded under section 438 of the Criminal Procedure Code in Criminal Application No. 449 of 1994 for the relief of anticipatory bail. The 2nd Additional Sessions Judge, … his own action. The petitioner moved the Sessions Court at Nanded under section 438 of the Criminal Procedure Code in Criminal Application No. 449 of 1994 for the relief of anticipatory bail. The 2nd Additional Sessions Judge, … laws' as mentioned in Schedule I of the Code of Criminal Procedure, 1973. The said classification runs thus :Offence Cognizable or Bailable By what Non-cognizable

Rekha Patel Vs. Pankaj Verma and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Dowry Prohibition Act, 1961 - Sections 3 and 4; Indian Penal Code (IPC), 1860 - Sections 323, 498A, 504 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 46(1), 437(3), 438 and 439; Constitution of India - Article 226

Reported in : I(2008)DMC607; JT2008(3)SC471; 2008(I)OLR(SC)757; 2008(3)SCALE497; (2008)4SCC17; 2008(2)AICLR462; 2008(2)Supreme293; 2008(3)LH(SC)1813

Learned Counsel for the appellant submitted that virtually there has been exercise of power under Section 438 of the Criminal Procedure Code, 1973 (in short 'The Cr.P.C.'). It is pointed out that in the State of U.P., Section 438 Cr.P.C. … registered for alleged commission of offences punishable under Sections 498A, 323, 504 and 506 of the Indian penal Code, 1860 (for short 'The IPC') and Sections 3/4 of the Dowry Prohibition Act, 1961 (for short 'The Dowry

Chandrakant Chandulal Bhansali Vs. Shrikant Shrikrishna Joshi and anr.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 438 and 482

Reported in : 1992(3)BomCR658; (1992)94BOMLR689

matters relating to cancellation of anticipatory bail. 2. Section 438 of the Code of Criminal Procedure, 1973, (hereinafter referred to as 'the Code') invests the … the precise ambit and scope of the courts powers in matters relating to cancellation of anticipatory bail. 2. Section 438 of the Code of Criminal Procedure, 1973, (hereinafter referred to as 'the Code') invests the High Court or … part of the order would stand modified accordingly in so far as the rule would stand discharged. [A] Criminal Procedure Code, 1974 - Sections 482 and 438 - Locus standi of complainant - Anticipatory bail granted - Order not

Jayeshbhai @ Panchabhai Muljibhai Satodiya Vs. State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 30, 120B, 143, 147, 148, 149, 188, 302, 307, 324, 325, 326, 341, 504 and 506(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 160, 167(1), 397, 397(3), 401, 438, 439(2) and 482; Arms Act - Sections 25, 25(1)(A) and 27; Bombay Police Act - Sections 135

Reported in : (2004)3GLR2654

Matched in: Advocate P.M. Thakkar and; Yogesh S. Lakhani, Advs. in Criminal Revision Application No. 92 of 2004 and; P.R. Abichandani, APP for Opponent No. 1,; K.J. Shethna, Adv. for Opponent No. 2,;