Section 438 in The Code of Criminal Procedure, 1973
438. Direction for grant of bail to person apprehending arrest.
- [(1) Where any person ... dated 11.8.2018.]
Maharashtra.- For Section 438 of the Code of Criminal Procedure, 1973, in its application to the State of Maharashtra, the following section
report on a wrong interpretation of Section 170 of the Code of Criminal
Procedure (hereinafter referred to as “the Code” for short), an endeavour ... principle to be deduced from the various sections in the
Criminal Procedure Code was that grant of bail is the rule and refusal
paragraphs which enumerate offences
under the Indian Penal Code, Narcotic Drugs and Psychotropic Substances
Act, 1985 , offences under the Explosives Substances Act ... Criminal Procedure , 1973 (2 of 1974), no
Criminal Procedure, 1973 (2 of 1974), no person accused of an offence under this Act
discretion of the investigating officer. Section 41 of the Code of Criminal Procedure provides for arrest by a police officer without an order from ... this case, the provisions of the Code have been amended by Code of Criminal Procedure (Amendment) Act, 2005 by which Section
COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.416 OF 2018
(Arising out of Special Leave Petition (Crl.)No.5661 ... objects of the Act.
15. Learned amicus further submitted that Section 18 of the
Atrocities Act, which excludes Section 438
elaborately specified in the Code
of Criminal Procedure . While dealing with the provisions of Criminal
Procedure Code on this aspect we will make ... noted the relevant provisions in the Constitution, the Penal
Code, Code of Criminal Procedure and the Special Act, we wish to deal with
provisions of the Prevention of
Corruption Act, 1988 (PC Act ) and the Indian Penal Code , 1860 ( IPC ).
Although the petitioner was not named ... investigation and the working of criminal Courts.
13. Accordingly, Section 167 of the Code of Criminal Procedure, 1973 (the
Act, 20175, the Companies Act, 20136, the
Prevention of Corruption Act, 19887, the Indian Penal Code , 18608
and the Code of Criminal ... short, “ CGST Act ”
6 For short, “ Companies Act ”
7 For short, “ PC Act ”
8 For short, “ IPC ”
9 For short, “
writ petition and criminal
miscellaneous petition before the High Court seeking bail
under s. 167(2), Criminal Procedure Code on the grounds ... relating to narcotic drugs and to make stringent provisions
for the control and regulation of operations relating to
narcotic drugs and psychotrophic substances etc. Sections
Penal Code
( IPC ), under Section 27 of the Arms Act and under Section 49(2)(b) of
Prevention of Terrorist Activities Act (POTA ... purpose of the
proviso to Section 167(2) of the Criminal Procedure Code and further would
make an illegal custody to be legal, inasmuch
