Section 438 - Judgment Search Results

Maya Rani GuIn and Etc. Vs. State of West Bengal

Court: Kolkata

Reported in: 2003(2)ALD(Cri)1,2003CriLJ1

..... acceptable and how we can harmonise the law emerging from section 438 read with section 439 1 a of the code and the views ..... bench for adjudication i whether second application for anticipatory bail under section 438 cr p c is totally barred even if new circumstances ..... bail ii whether petitioners can file a fresh application under section 438 of the code and whether same will be maintainable in .....

Dr. Sidhartha Patra Vs. Republic of India

Court: Orissa

Reported in: 2002CriLJ2354

..... bailable warrant of arrest against him that person may approach the court for anticipatory bail section 438 of the code certainly does not envisage such a position the petitioners had already been ..... magistrate after applying his mind and taking cognizance in such a case an application under section 438 of the code would not be competent on consideration of the above three stages envisaged .....

M.R. Narayanan Vs. State

Court: Delhi

Reported in: 2003CriLJ1472; 2003(66)DRJ48

..... which are envisaged in sub section 3 of section 437 or sub section 2 of section 438 or sub section 1 of section 439 cannot be such the ..... consonance with the purposes laid down in sub section 2 of section 438 or sub section 3 of section 437 of cr p c in vansh bahadur ..... would tantamount to refusal of invoking the discretion under sub section 1 of section 438 cr p c in sandeep jain v state of delhi .....

Suresh Dutta Vs. State of Tripura

Court: Guwahati

..... act 1985 shortly called ndps act the petitioner has filed this petition under section 438 1 of the cr pc seeking pre arrest bail direction 2 at ..... no right to seek pre arrest bail direction as the provision of section 438 of cr pc is not made applicable relating to any offence ..... the powers of the high court regarding pre arrest bail direction under section 438 of the cr p c and as such in my considered .....

Pishora Singh Vs. State of Punjab and anr.

Court: Punjab and Haryana

Reported in: 2002CriLJ4130

..... persons committing an offence under the act nothing in section 438 of the code shall apply in relation to any case involving the ..... in the fir would not be a ground to refuse bail under section 438 of the code and consequently the anticipatory bail was allowed to the ..... to five years and with fine 8 section 18 of the act further lays down as follows 18 section 438 of the code not to apply to .....

Deputy Commissioner of Customs Vs. Ashok Kumar

Court: Punjab and Haryana

Reported in: 2003(157)ELT24(P& H)

..... the parties and perused the record 8 while allowing bail under section 438 the court can impose any condition which the court consider necessary ..... in the interest of justice under section 438 iv cr p c once any condition is imposed it is ..... to rare cases when the persons in whose favour order under section 438 cr p c has been passed brought on record very cogent .....

Binu Vs. State of Kerala

Court: Kerala

Reported in: 2002CriLJ4374

..... over the general law or provision so the provisions of section 438 cr p c shall be deemed to be over ridden by virtue ..... of tada act which curtail the powers of anticipatory bail under section 438 of code of criminal procedure he urged that the procedure of summary ..... the andhra pradesh high court that the matter of exclusion of section 438 of the code of criminal procedure has to be viewed in .....

V. Rameswar Raju Vs. State of Orissa and ors.

Court: Orissa

Reported in: 2002CriLJ3226

..... the offence n b w was issued against him his application under section 438 cr p c in criminal misc case no 2545 99 for ..... by this court but suppressing this fact he filed another application u section 438 cr p c before the learned addl sessions judge parlakhemundi who ..... he was not entitled particularly when his earlier application for bail under section 438 cr p c was rejected by this court in such a .....

Arvind Sood and ors. Vs. Smt. Roopali and anr.

Court: Madhya Pradesh

Reported in: 2003(2)MPHT51; 2003(3)MPLJ48

..... explained in the aforesaid cases that the grant of bail under section 438 1 cr pc by the high court or the court of ..... of warrant of arrest after taking cognizance of offence punishable under section 498a of the ipc on a private complaint filed by ..... bhumi hadapne sambandhi kuchakron se paritran tatha mukti adhiniyam 3 1977 section 2 writ appeal maintainability from order of single judge when permissible .....

Rakesh Kumar Mishra and anr. Vs. State of Chhattisgarh

Court: Chhattisgarh

Reported in: 2002CriLJ4394; 2002(4)MPHT10(CG)

..... heard finally 2 this is an application filed by the applicants under section 438 cr pc for grant of anticipatory bail 3 the applicants are accused ..... an offence under section 3 1 iv of the act is made out section 18 of the act excludes the applicability of section 438 of the cr ..... case material on record in view of the provisions as contained in section 18 of the act and in view of the law laid down .....