Section 438 - Judgment Search Results

Sandeep Bhatra Vs. State of Rajasthan and Another

Court: Rajasthan

Reported in: 2012CrLJ1819

..... being effected the order becomes operative the power exercisable under section 438 is somewhat extraordinary in character and it is only in ..... irresistible inference is that while dealing with an application under section 438 of the code the court cannot restrain arrest 8221 15 ..... for cancellation of bail further it had mentioned that under section 438 2 i of the code of criminal procedure it is .....

Gopal Goyal Vs. State of Nct of Delhi

Court: Delhi

..... a matter which is a condition precedent for exercising jurisdiction under section 438 of the code and that the applicant who must have ..... is our view if the system of tadbtrkar filing application under section 438 of the code of criminal procedure is allowed to continue ..... below 8220 the present situation has arisen because the petition under section 438 of cr p c was filed without being supported by an .....

Sunil Kumar Marwaha Vs. State of Sikkim Represented by Mordent Thapa, ...

Court: Sikkim

..... circumstances as set out in clauses i to iv of sub section 1 of section 438 cr p c 1973 no doubt the learned public prosecutor also ..... custody of the police and therefore entitled to bail in anticipation under section 438 cr p c 1973 4 mr j b pradhan learned public ..... an offence by itself is no ground for rejection of relief under section 438 cr p c 1973 there are other considerations that also require .....

Dr. Mohd. Sohail Fazal Vs. State (Govt. of Nct of Delhi)

Court: Delhi

..... application has been filed by dr mohd sohail fazal under section 438 read with section 482 cr p c for grant of anticipatory bail ..... the supreme court will be helpful for true interpretation of section 438 of the code we find a great deal of substance ..... on compliance with unreasonable restrictions the beneficent provision contained in section 438 must be saved not jettisoned no doubt can linger after .....

Aarti Arora Vs. State of Punjab

Court: Punjab and Haryana

..... one is not a fit case for exercising the powers under section 438 cr p c i say so because allegations against the petitioner ..... file reveals that earlier application was moved by the applicants under section 438 cr p c for grant of pre arrest bail interim bail ..... the petitioner disentitled for the concession of pre arrest bail under section 438 cr p c in the totality of facts and circumstances of .....

Gowri Shanker Gupta and Another....Petito Vs. State of A.P. Through Pu ...

Court: Andhra Pradesh

..... the code mandating the applicant to be in custody otherwise the distinction between orders under sections 438 and 439 shall be rendered meaningless and redundant quot 14 a division bench of this ..... the code mandating the applicant to be in custody otherwise the distinction between orders under sections 438 and 439 shall be rendered meaningless and redundant quot from the above decisions it is .....

Anil Kumar. Vs. State of Punjab.

Court: Punjab and Haryana

..... shall also be bound by all the conditions as contained in section 438 2 cr p c coordinate bench of this court while issuing ..... shall also be bound by all the conditions as contained in section 438 2 cr p c the husband of the complainant and the ..... are hereby made absolute subject to compliance of conditions specified under section 438 2 cr p c all the petitions stand disposed of accordingly .....

Shylesh Kumar Vs. Station House Officer

Court: Kerala

..... petitioner has approached this court seeking anticipatory bail under section 438 of cr p c 4 section 438 of cr p c is attracted only when a ..... the 28th day of december 2012 order this application is filed under section 438 of cr p c for anticipatory bail 2 heard the learned counsel ..... securing his presence in the court for the trial of the case section 438 of cr p c is not attracted to the facts of this .....

Amrik Singh. Vs. State of Punjab.

Court: Punjab and Haryana

..... of both the aforementioned petitions filed for anticipatory bail under section 438 of code of criminal procedure crm not m 31079 o ..... to his satisfaction subject to compliance of conditions specified under section 438 2 cr p c this court while issuing notice of ..... are hereby made absolute subject to compliance of conditions specified under section 438 2 cr p c both the petitions stand disposed of .....

Pedda Mareppa and Others Vs. State of A.P., (Through Public Prosecutor ...

Court: Andhra Pradesh

..... the particular facts and circumstances of the case in other words section 438 cr p c contemplates an application to be made by a ..... the prayer made thereunder on merits the judicial discretion granted under section 438 cr p c should not be read down by reading ..... the learned judge becomes functus officio to exercise the jurisdiction under section 438 cr p c by virtue of second condition the learned judge .....