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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 0 - D Misra - Full Document
Gujarat High Court Rajendra Bhanuprasad Yagnik vs State Of on 3 April, 2013 RAJENDRA BHANUPRASAD
Gujarat High Court
- Cites 52 - Cited by 0 - Full Document
Petitioner has submitted that in a proceeding under Section 438 CrPC, the Court cannot award maintenance to the wife ... anticipatory bail are enumerated in Section 438 CrPC and any order by the Court by putting condition
Delhi High Court
- Cites 27 - Cited by 0 - P Rani - 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
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
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
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
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 11 - Cited by 5 - Full Document
CrPC, of which Sections 437 and 439 are currently critical. Suffice it to state that Section 438 which deals with ... bail in non-bailable offences are reproduced hereunder. Section 438 has been ignored because it is the composite provision dealing
Supreme Court of India
- Cites 65 - Cited by 1 - Full Document
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