Section 438 - Judgment Search Results

State of Manipur Vs. Vikas Yadav

Court: Guwahati

..... relevant 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 apex court was available before the learned sessions judge while considering the application under section 438 of the code 24 the learned sessions judge manipur east appears to have been .....

State of Manipur Vs. Vikas Yadav

Court: Guwahati

Reported in: 2000CriLJ4229

..... relevant 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 apex court was available before the learned sessions judge while considering the application under section 438 of the code 24 the learned sessions judge manipur east appears to have been .....

Virendra Singh Vs. State of Rajasthan

Court: Rajasthan

Reported in: 2000CriLJ2899; 2000(2)WLC608

..... be blindly and mechanically denied the benefit of anticipatory bail under section 438 of the cr p c this was the fundamental question touching ..... learned single judge of this court while entertaining an application under section 438 of the cr p c for the offence under the ..... not create a complete bar to maintainability of an application under section 438 cr p c and whenever such application comes up for .....

Mahesh Kumar Sarda Alias Maheswari Vs. Union of India (Uoi)

Court: Kolkata

Reported in: 2001(1)ALD(Cri)127,2000CriLJ2951

..... as to whether this court in exercise of its jurisdiction under section 438 of the code of criminal procedure can entertain an application for ..... in his deliberation has made it clear that the jurisdiction under section 438 cr p c shall be exercised by the sessions judge ..... in sailesh jaiswal supra mishra c j stated any order under section 438 of the code by this court other than the limited jurisdiction .....

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

Court: Andhra Pradesh

Reported in: 2001CriLJ2010

..... the first instance against that person inconfirmity with the direction of the court under section 1 of section 438 in other words after the charge sheet is filed and if the magistrate decides ..... extend the same until further orders 3 the court exercising the power and jurisdiction under section 438 of the code is entitled to issue necessary directions directing release of the accused person .....

Nemichand Bansal Vs. State of M.P. and ors.

Court: Madhya Pradesh

Reported in: II(2000)DMC577

..... sessions court informing about their surrender to the custody seeking conversion of the application from section 438 to section 439 cr p c as such the prayer was allowed in the circumstances indicated ..... applicant no 2 submitted that the court has the jurisdiction to convert the application from section 438 to section 439 cr p c in this context certain decisions of this court unreported have .....

Manbhari Devi and Etc. Etc. Vs. State

Court: Himachal Pradesh

Reported in: 2001CriLJ70

..... the allegations made against the applicants 10 the provisions for grant of anticipatory bail under section 438 of code of criminal procedure are not to be mechanically applied nature and gravity of ..... importance the court shall refrain from exercising its discretion in favour of an accused under section 438 cr p c if it adversely affects the investigation and larger public interest 11 taking .....

Chandrashekhar Shrivastava and ors. Vs. State of M.P.

Court: Madhya Pradesh

Reported in: 2000(2)MPHT321

..... this court the court below did not try to appreciate the distinction between section 438 cr p c and section 439 cr p c the most important change which occurred in the circumstance ..... different and sometimes may be irrelevant for grant of order under section 438 cr p c simply because an application under section 438 cr p c stands rejected the right of the applicants to .....

Dr. Swami Sachidanand Sakshi Maharaj Vs. the State of U.P. and ors.

Court: Allahabad

Reported in: 2001CriLJ320

..... before the apex court the supreme court considered the scope of section 438 cr p c which provides a provision for anticipatory ball and ..... of session should be left free to exercise their jurisdiction under section 438 by a wise and careful use of their discretion rather ..... the petitioner approached the delhi high court moving an application under section 438 cr p c and has secured an order in his favour .....

Chander Kanta Joshi and anr. Vs. State of Haryana and ors.

Court: Punjab and Haryana

Reported in: II(2000)DMC384

..... request for bail therefore all the petitioners had approached this court under section 438 cr p c for bail in anticipation of arrest 2 the ..... shall join investigation 9 they should also abide by the provisions of section 438 2 cr p c 10 but this petition so far as ..... the first petitioner chander kanta joshi is concerned is dismissed sections 80 2 89 punjab motor vehicles rules 1989 rules 85 80 .....