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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 8 - Cited by 2 -
1979 WLN 373
- 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 9 - Cited by 2 -
1997 CriLJ 3491
- D Chowdhury - Full Document
Gujarat High Court Rajendra Bhanuprasad Yagnik vs State Of on 3 April, 2013 Bench: S
Gujarat High Court
- Cites 39 - Cited by 0 - 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 18 - Cited by 0 - D Misra - 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 2 - 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
Kerala High Court Under Section 438 Of Crpc For ... vs Unknown PRESENT: THE HONOURABLE MR.JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY ... petition is filed under Section 438 of CrPC for anticipatory bail. 2. Learned counsel appearing for the petitioner
Kerala High Court
- Cites 3 - Cited by 0 - Full Document
aside. 2. The petitioner moved an application Under Section 438 CrPC which has been allowed by the learned Sessions Judge ... after the investigation. While granting relief Under Section 438 CrPC, proper conditions can be imposed Under Section
Rajasthan High Court
- Cites 9 - Cited by 13 -
1981 WLN UC 279
- N Kasliwal - Full Document
made a research in his argument that Section 438 of the CRPC maintains an unnatural silence that anticipatory ball could ... that the words and languages employed in Section 438 of the CRPC do not a moment foreshadow any inhibition
Calcutta High Court
- Cites 15 - Cited by 5 -
(1997) 1 CALLT 94 HC
- R Bhattacharyya - Full Document
extend him the concession of provisions of Section 438 CrPC, it was vehemently urged Criminal Misc ... provisions in the present case. The provisions of Section 438 CrPC were not on the statute book earlier, but have
Punjab-Haryana High Court
- Cites 7 - Cited by 1 - Full Document
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