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Section 439 - Judgment Search Results

Home > Cases Phrase: section 439 Year: 2003 Page 1 of about 38,131 results (0.12 seconds)
Sep 08 2003 (SC)

State of Gujarat Vs. Salimbhai Abdulgaffar Shaikh and ors.

Court: Supreme Court of India

Decided on: Sep-08-2003

Reported in: AIR2003SC3224; 2003(2)ALD(Cri)774; 2003(2)ALT(Cri)343; 2003CriLJ4348; (2003)3GLR2378; JT2003(7)SC550; 2004(1)MhLj332; 2004MPLJ13(SC); 2003(7)SCALE253; (2003)8SCC50; 2004(1)

..... procedure the previsions regarding bail in code of criminal procedure are contained in sections 436 to 439 sub section 1 of section 439 confers power upon the court of sessions and high court to grant bail ..... to any person accused of having committed a non bailable offence sub section 2 of section 439 deals with cancellation of bail and provides that any person who has been released .....

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Nov 13 2003 (HC)

The State of Maharashtra Vs. Ramnarayan Lataprasad Namdeo

Court: Mumbai

Decided on: Nov-13-2003

Reported in: (2004)106BOMLR199

..... is perverse or suffers from illegalities this court has powers under section 439 2 of the code to interfere with such an order ..... the learned metropolitan magistrate and such an application was moved under section 439 of the code before the sessions court on 4 7 ..... judge by the impugned order is required to be cancelled under section 439 2 this application is therefore allowed and rule is made absolute .....

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Apr 04 2003 (HC)

Shamim Ahmed and ors., Vs. State and ors.

Court: Kolkata

Decided on: Apr-04-2003

Reported in: (2003)2CALLT11(HC),2003(2)CHN431,2003CriLJ2815

..... the court of session can grant bail to such person under section 439 44 in section 436 the words shall be released on bail have been used ..... a person is in custody he can apply for bail under section 438 or under section 439 but if he is not in custody and at the ..... taken at this juncture a person cannot move the courts under section 437 or under section 439 because he is not in custody but he can very .....

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Jan 27 2003 (HC)

State of Madhya Pradesh Vs. Deepak Sharma

Court: Madhya Pradesh

Decided on: Jan-27-2003

Reported in: 2003CriLJ1964; 2003(1)MPLJ578

..... its judicial discretion in considering the question of granting of bail under section 439 1 cr p c of the new code the overriding considerations ..... earlier and which are common both in the case of section 437 1 and section 439 1 cr p c of the new code are the ..... disclosing any valid and germane reasons for releasing such accused though under section 439 1 cr p c unfettered powers have been given to the .....

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Nov 11 2003 (HC)

Sidharth Vashisth @ Manu Sharma Vs. State of Delhi

Court: Delhi

Decided on: Nov-11-2003

Reported in: 2003VIIIAD(Delhi)176; 2004CriLJ684; 108(2003)DLT134; 2004(72)DRJ124; 2003(3)JCC1846

..... in gurcharan s case supreme court laid down the following guidelines section 439 1 crpc of the new code on the other hand confers ..... in other classes the principle to be deduced from the various sections in the criminal procedure code was that grant of bail is the rule ..... is yet to be examined petition dismissed indian penal code 1860 sections 302 201 212 120b 34 an accused person who enjoys freedom .....

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Mar 21 2003 (HC)

Smt. Manisha Neema Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Mar-21-2003

Reported in: 2003(2)MPHT303; 2003(2)MPLJ587

..... 19 the jurisdiction of high court and court of session under section 439 cr pc being concurrent as a matter of practice the bail ..... and if relief is denied they approach the high court under section 439 cr pc itself not as a superior court sitting in appellate ..... mpjr 400 that though concurrent jurisdiction for filing the application under section 439 cr pc either before the sessions court or the high .....

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Jul 04 2003 (HC)

Narahari Rout and Adikanda Rout and Gagana Chandra Mallick Vs. State o ...

Court: Orissa

Decided on: Jul-04-2003

Reported in: 96(2003)CLT269; 2003(II)OLR277

..... section 1 clause a of section 439 the high court or the court of session can direct that a person accused ..... accused against whom a court has already issued process by taking cognizance of the offence section 439 deals with special powers of high court or court of session regarding bail under sub .....

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Jan 16 2003 (HC)

Dattaraj Vs. State by Mahalaxmipuram Police and anr.

Court: Karnataka

Decided on: Jan-16-2003

Reported in: 2003CriLJ3212; 2003(4)KarLJ556

..... of the person interested in the lis to make an application under section 439 of the cr p c was the point under consideration it was ..... state alone has a monopoly of moving application before the court under section 439 of the cr p c for cancellation of the bail even the ..... person interested in the cause can make an application under section 439 of the cr p c to seek cancellation of the bail in .....

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Dec 04 2003 (HC)

State of Maharashtra Vs. Rajendra Shantilal Nahar

Court: Mumbai

Decided on: Dec-04-2003

Reported in: 2004(2)MhLj555

..... was converted into a criminal application revoking the inherent powers of this court under section 482 read with section 439 2 of the criminal procedure code for cancellation of the bail granted to accused no ..... ors v state delhi administration air 1978 sc 179 it has been held that under section 439 2 of the criminal procedure code the approach should be whether the order granting bail was vitiated .....

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Sep 12 2003 (HC)

In Re: Deepika Samanta

Court: Kolkata

Decided on: Sep-12-2003

Reported in: 2004(1)CHN58

..... sessions judge and this court exercises concurrent jurisdiction in respect of sections 439 and 438 of the said code but we are appalled ..... exalted powers vested to it under sub section 2 of section 439 of the said code and section 482 of the said code concurrent jurisdiction ..... the first information report was sufficient to constitute a case under section 307 of the indian penal code and since the same .....

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