S 438 - Judgment Search Results

E. Joseph and anr. Vs. the Assistant Collector of Customs, Tuticorin

Court: Chennai

Reported in: 1982CriLJ559; 1984(15)ELT84(Mad)

..... complaint an order is passed accordingly 15 order accordingly criminal bail sections 437 and 438 of criminal procedure code 1973 customs act 1962 and section 27 of indian evidence act 1872 ..... 1962 voluntary statement recorded from accused after his arrest is admissible in evidence under section 438 court had discretionary power in granting bail court exercised discretionary power and granted bail .....

State of Manipur Vs. Vikas Yadav

Court: Guwahati

..... anticipatory bail irrespective of the geographical jurisdiction of the offence committed 10 that apart section 438 cannot be read in isolation it has to be read in juxtaposition with sections 177 ..... considerations which weights the court s direction and decision in granting anticipatory bail under section 438 of the code of criminal procedure these considerations are a nature and seriousness of the .....

A. Narasimha Reddy Vs. State of A.P., Rep. by P.P.

Court: Andhra Pradesh

Reported in: 2001CriLJ2010

..... 307 of indian penal code 1860 and sections 437 437 3 438 438 1 439 441 and 441 3 of criminal procedure code 1973 petitioner accused ..... orders 3 the court exercising the power and jurisdiction under section 438 of the code is entitled to issue necessary directions directing ..... magistrate he neither issued any bailable warrant as contemplated under section 438 cr p c nor set in motion the legal provisions .....

State of Manipur Vs. Vikas Yadav

Court: Guwahati

Reported in: 2000CriLJ4229

..... anticipatory bail irrespective of the geographical jurisdiction of the offence committed 10 that apart section 438 cannot be read in isolation it has to be read in juxtaposition with sections 177 ..... considerations which weights the court s direction and decision in granting anticipatory bail under section 438 of the code of criminal procedure these considerations are a nature and seriousness of the .....

Vineeth Vs. State of Kerala represented by the Public Prosecutor

Court: Kerala

..... person apprehending arrest in a non bailable offence whose application under section 438 of the code of criminal procedure 1973 in short cr p ..... other accused were not entitled to get any relief under section 438 cr p c prayers in that regard made by other accused ..... made by the law commission while recommending the incorporation of section 438 in the cr p c 6 later this provision underwent amendment .....

H.S. Manjunath and Another Vs. State of Karnataka and Another

Court: Karnataka

Reported in: 1995(1)ALT(Cri)226; 1995(1)ALT(Cri)226; 1995CriLJ179; ILR1994KAR3302; 1995(1)KarLJ50

..... the rival contentions it is necessary to set out section 438 cr pc 438 1 when any person has reason to believe that he ..... petitioners filed petitions before the principal sessions judge shimoga under section 438 cr pc for the grant of anticipatory bail the learned sessions ..... 1973 yogeshwar dayal j as he then was held that section 438 1 really deals with the statutory conferment of substantive power to .....

Y. Chendrasekhara Rao and ors. Vs. Y.V. Kamala Kumari and ors.

Court: Andhra Pradesh

Reported in: 1993CriLJ3508

..... accordingly criminal anticipatory bail sections 397 3 399 3 435 438 438 1 439 and 482 of criminal procedure code 1973 article 21 of ..... approaching the court of session in the first instance section 438 reads 438 direction for grant of bail to person apprehending arrest 1 ..... right under article 21 of the constitution of india section 438 being a procedure established by law to secure personal liberty .....

Shri M a Zahid Vs. Assistant Commissioner of Income Tax (Osd)

Court: Karnataka

..... the petitioner has approached this court seeking protection from arrest under section 438 of cr p c 4 1 the objection raised by the ..... is well founded apprehension of arrest within the meaning of section 438 cr p c and therefore the petitioner is entitled for a ..... any non bailable offence so as to invoke the jurisdiction under section 438 of cr p c secondly the apprehension expressed by the petitioner .....

Mahendra Kumar @ Sitaram Chakravarti Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

..... for the rival parties are heard this is firs application under section 438 cr p c by the applicant for grant of anticipatory bail ..... this court is inclined to extend the benefit of bail u s 438 cr p c to the applicant on the ground of parity ..... the applicant shall also abide by the conditions as enumerated under section 438 2 of criminal procedure code after filing the charge sheet it is directed that .....

Prem Chand Grag Vs. Central Bureau of Investigation Anti Corrupation B ...

Court: Karnataka

..... code of criminal procedure 1973 section 82 section 83 section 438 indian penal code 1860 section 406 prevention of corruption act ..... and thus approached trial court dealing with cbi cases under section 438 of crpc said application came to be dismissed court held ..... case to exercise discretion vested in this regard under section 438 of crpc petition dismissed para 9 cases referred mithabhai pashabhai .....