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Documents citing Gore Lal And Ors. vs State on 3 April, 1958

In Re: Madanlal vs Unknown on 18 April, 1960

9. The learned Public Prosecutor next relied on Kalavati v. The State, , a decision of Chowdary J.C. which was followed by B. R. James J., in Gore Lal v. State, . It was held by Chowdary, J.C. that special leave is quite different from certificate of fitness under Article 134 (1) (c) and that the High Court can grant bail under Section 426(2-B) only where the Supreme Court has already granted to the convicted persons special leave to appeal. The reasoning was (1) that special leave mentioned in Section 426(2-B) can be granted only by the Supreme Court under Article 136; (2) that although the certificate of the High Court could have the same effect it was an Independent cause; (3) that no question of the High Court being "satisfied" as required by Section 426(2-B) can arise unless the order in question was passed by another Court, and (4) that while the grant of bail under Section 426(2-A) is limited in its operation until the convicted person moves the appellate court, there is no such limitation in Section 426(2-B).
Andhra HC (Pre-Telangana) Cites 12 - Cited by 0 - Full Document

K. Renganadha Reddiar vs State Of Kerala on 3 August, 1967

1. This is an application filed by the respondent in Criminal Appeal 109 of 1966 who was convicted by this court under Section 16 (1) read with Section 7 (1) and proviso (11) of Section 16 (1) 'F' of the Prevention of Food Adulteration Act and sentenced to undergo Section 1, for one week and to pay a fine of Rs. 950/-. A certificate of fitness to appeal to the Supreme Court has also been issued to him under Article 134 (1) (c) of the Constitution Now the petitioner's prayer is that the sentence be suspended and he be enlarged on bail, The application is preferred under Sections 426 (2-B) and 561-A of the Code of Criminal Procedure. Neither under Article 134 (1) (c) of the Constitution nor under Section 426 (2-B) or 561-A of the Code of Criminal Procedure, the petitioner is entitled to ask for the suspension of the sentence. Section 426 provides for the suspension of sentence and admission of the accused to bail in cases where 'special leave to appeal to the Supreme Court' has been granted by the Supreme Court and does not take in cases in which certificate of fitness to appeal to the Supreme Court has been granted by the High Court under Article 134 (1) (c) of the Constitution. The Allahabad High Court relying on a decision of the Privy Council in AIR 1945 PC 94 has observed as follows In Gore Lal v. State AIR 1958 All 607:--
Kerala High Court Cites 11 - Cited by 4 - K K Mathew - Full Document
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