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accused person to apply for bail under Section 438 CrPC in a case where the Magistrate has taken cognizance ... would like to determine the true scope of Section 438 CrPC. Section 438 CrPC reads as follows: Section 438 Direction
Rajasthan High Court
- Cites 9 - Cited by 0 -
1979 WLN 373
- Full Document
order passed by the High Court under Section 438 CrPC, took note of the submissions advanced ... proper. After referring to the language employed in Section 438 CrPC, the Constitution Bench decision in Gurbaksh Singh, Sibbia
Supreme Court of India
- Cites 29 - Cited by 18 - D Misra - Full Document
Gujarat High Court Rajendra Bhanuprasad Yagnik vs State Of on 3 April, 2013 RAJENDRA BHANUPRASAD
Gujarat High Court
- Cites 50 - Cited by 0 - Full Document
filed by all the five accused under Section 438 CrPC including the present petitioner-husband was rejected by the same ... earlier rejected the anticipatory bail application filed under Section 438 CrPC of all the five accused by giving strong reasons
Rajasthan High Court
- Cites 8 - Cited by 0 -
1999 (1) WLC 608
- B Shethna - Full Document
judicial discretion or power either under Section 437 or 438 CrPC while considering the question of grant or refusal ... anvil of relevant provisions viz. Sections 437(3) and 438 CrPC as these provisions vest the discretion in the court
Delhi High Court
- Cites 7 - Cited by 0 -
2003 VAD Delhi 501
- J Kapoor - Full Document
complainant This bail application has been filed under Section 438 CrpC. Brief facts of the case are as under ... filed by the petitioner before this Court under Section 438 CrPC. Learned counsel for the petitioner has contended that
Rajasthan High Court
- Cites 7 - Cited by 0 - Full Document
Kerala High Court Under Section 438 Of Crpc For ... vs Unknown IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT ... petition is filed under Section 438 of CrPC for anticipatory bail. 2. Learned counsel appearing for the petitioner
Kerala High Court
- Cites 4 - Cited by 0 - Full Document
Court of 1st instance. The power Under section 438, CrPC is to be exercised in extreme cases and allow ... jurisdiction in accordance with law. The power Under section 438, CrPC is not meant to overreach or circumvent the power
Gauhati High Court
- Cites 8 - Cited by 0 -
1997 CriLJ 3491
- D Chowdhury - Full Document
said G.R. Case filed an application Under Section 438, CrPC for anticipatory bail in this Court which was registered ... party No. 2 contended that Section 438, CrPC does not bar consideration of an application for anticipatory bail after cognizance
Orissa High Court
- Cites 14 - Cited by 1 -
1994 I OLR 51
- D Mohapatra - Full Document
accused Lalit has been granted bail under section 438 CrPC. Other co-accused have been granted bail under the provisions ... petitioner is entitled for grant of bail under section 438 CrPC. On the other hand, learned PP has opposed
Rajasthan High Court
- Cites 3 - Cited by 1 - Full Document
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