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Documents citing State Of Bihar Etc. Etc vs P.P. Sharma, Ias And Anr on 2 April, 1991

The Present Bail Application Is Being ... vs S.P on 11 January, 2016

24. In the instant case, we have already noticed that the "pointing finger of accusation" against the appellants is "the seriousness of the charge". The offences alleged are economic offences which have resulted in loss to the State exchequer. Though, they contend that there is a possibility of the appellants tampering with the witnesses, they have not STATE VS. S.P . Bajaj, FIR NO:309/14, PS:GK­1,ND 10 placed any material in support of the allegation. In our view, seriousness of the charge is, no doubt, one of the relevant considerations while considering bail applications but that is not the only test or the factor: the other factor that also requires to be taken note of is the punishment that could be imposed after trial and conviction, both under the Penal Code and the Prevention of Corruption Act. Otherwise, if the former is the only test, we would not be balancing the constitutional rights but rather "recalibrating the scales of justice".
Delhi District Court Cites 5 - Cited by 0 - Full Document

Mandip Chawla vs Income Tax Office on 19 January, 2023

17. The window opened by the judgment in State of Bihar & Anr. vs. P.P. Sharma (supra) for an accused to address his grievances to the Court is availed by the petitioner. However, the petitioner cannot seek adjudication of his contentions. The petitioner cannot ask the trial Court to decide the contentions raised by him at pre-summoning stage as for that matter, he has no locus standi. The contentions raised by him were noted by the trial Court with the observation that the said contentions will be looked into at appropriate stage. Therefore, the trial Court has acted in accordance with dicta of the said judgment.
Delhi District Court Cites 27 - Cited by 0 - Full Document

State Of W.B vs Mohammed Khalid on 24 November, 1994

62.The order of sanction, on the face of it, shows that the sanctioning authority had perused the police papers. The High Court had to necessarily accept these averments on their face value. The correctness or otherwise of the statement could be gone into only at the time of trial. This Court in State of Bihar v. PP Sharma, IAS3 already referred to, held as under: (SCC pp. 250-25 1, paras 27, 28 and 3 1 ) "The sanction under Section 197 CrPC is not an empty formality. It is essential that the provisions therein are to be observed with complete strictness. The object of obtaining sanction is that the authority concerned should be able to consider for itself the material before the Investigating Officer, before it comes to the conclusion that the prosecution in the circumstances be sanctioned or forbidden. To comply with the provisions of Section 197 it must be proved that the sanction was given in respect of the facts constituting the offence charged. It is desirable that the facts should be referred to on the face of the sanction Section 197 does not require the sanction to be in any particular form. If the facts constituting the offence charged are not shown on the face of the sanction, it is open to the prosecution, if challenged, to prove before the court that those facts were placed before the sanctioning authority. It should be clear from the form of the sanction that the sanctioning authority considered the relevant material placed before it and after a consideration of all the circumstances of the case it sanctioned the prosecution.
Supreme Court of India Cites 61 - Cited by 243 - S Mohan - Full Document

The Senior Food Inspector, Ananthapur vs Ravuru Subbaiah on 28 August, 1991

16. Since the order of acquittals in these cases are based on the judgment of this Court in Kasi Visweswara Rao's case (supra) and the distinction between 'consent' and 'sanction' has not been considered earlier considering the latest law laid down by the Supreme Court in State of Bihar v. P. P. Sharma, , and as benefit has already been given to the accused, it is not desirable for this Court to interfere with the order of acquittal at this point of time in cases of appeals filed by the Public Prosecutor against acquittal of the accused.
Andhra HC (Pre-Telangana) Cites 10 - Cited by 1 - Full Document
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