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Documents citing Satyajit Ballubhai Desai & Ors vs State Of Gujarat on 20 July, 2012

State Of Telangana, Acb vs Vadiya Vara Prasad on 19 December, 2018

The Apex Court for that conclusion referred sections 57, 167 and 439 Cr.P.C and observed that once superior court granted bail invoking section 439 Cr.P.C it is not the Magistrate that has to grant police custody after accused released on bail granted by High Court or Court of Sessions but to approach the High Court that is also important to be taken care of from the expression in Satyajit Ballubhai Desai (supra), particularly at para-22.
Telangana High Court Cites 24 - Cited by 1 - Full Document

Assistant Director, Directorate Of ... vs Shri Sunil Godhwani on 27 November, 2019

23. It has also been held by the Supreme Court in the matter of Satyajit Ballubhai Desai and Ors. (supra) that it was incumbent upon the Magistrate to meticulously examine the facts and circumstances of each and every case before passing any order extending or refusing the police remand. However, the impugned orders of the Judge, in the present cases, are almost bereft of any sound and proper reasoning, Crl.M.C.6018-19/2019 Page 9 of 12 hence, the same, as is evident, are beyond comprehension. The orders demonstrate that almost no proper and/or reasonable reasons had been assigned while dismissing the applications of the petitioner. The Judge appears to have adopted a casual and a mechanical approach while dismissing the application of the petitioner without scrutinizing the specific contentions of the petitioner.
Delhi High Court Cites 13 - Cited by 5 - C Shekhar - Full Document

Munsiffulla Khan vs State By on 23 September, 2020

In the judgments in Rathin Dandapath's case, Satyajit Ballubhai Desai's case and Dawood Ibrahim Kaskar's case referred to supra relied upon by learned HCGP, the points that had fallen for consideration were whether at the post cognizance stage, the Magistrate under Sections 73, 173(8) and 309(2) of Cr.P.C. etc can issue warrant for arrest of a person who was not accused in the charge sheet or can remand the accused to police custody. Therefore, the said judgments are not applicable to the facts of the case.
Karnataka High Court Cites 13 - Cited by 0 - Full Document

State Of Kerala vs Maju on 27 July, 2021

16. The Hon'ble Supreme Court has again in Satyajit Ballubhai Desasi & others v. State of Gujarat, 2014 KHC 2511 : 2014 (14) SCC 434 held that police remand should be an exception and not a rule, for that investigating agency is not required to make out a strong case and must satisfy the learned Magistrate that without the police custody it would be impossible for the police authorities to undertake further investigation. It is also reiterated that there cannot be any detention in police custody after the expiry of the first 15 days, even in a case where some more offences, either serious or otherwise, committed by him in Crl.M.C.No. 2815 of 2021 17 the same transaction comes at a later stage. It is also observed by the Hon'ble Supreme Court that it is apparent from the provisions of the Cr.P.C. that the order permitting police remand cannot be treated lightly or casually and strict adherence to the statutory provision is mandatory.
Kerala High Court Cites 31 - Cited by 1 - A Menon - Full Document

Megala vs The State Represented By on 4 July, 2023

(b) Relying upon the judgment of the Hon'ble Supreme Court of India in Satyajt Ballubhai Desai and Ors. Vs. State of Gujarat 3, the learned 1 (2000) 9 SCC 266 2 (2021) 12 SCC 1 3 (2014) 14 SCC 434 ________________ Page.No.111 of 166 https://www.mhc.tn.gov.in/judis H.C.P.No.1021 of 2023 Senior Counsel would submit that the Police custody is only an exception and judicial custody is the normal rule. Therefore, the learned Senior Counsel would submit that the ratio laid down in all the above judgments if taken into account, the law which will hold the field as on date is that no exclusion of time can be granted.
Madras High Court Cites 102 - Cited by 0 - D B Chakravarthy - Full Document

Megala vs The State Represented By on 4 July, 2023

(b) Relying upon the judgment of the Hon'ble Supreme Court of India in Satyajt Ballubhai Desai and Ors. Vs. State of Gujarat 2, the learned Senior Counsel would submit that the Police custody is only an exception and judicial custody is the normal rule. Therefore, the learned Senior Counsel would submit that the ratio laid down in all the above judgments if taken into account, the law which will hold the field as on date is that no exclusion of time can be granted.
Madras High Court Cites 104 - Cited by 0 - J N Banu - Full Document

Megala vs The State Represented By on 4 July, 2023

(b) Relying upon the judgment of the Hon'ble Supreme Court of India in Satyajt Ballubhai Desai and Ors. Vs. State of Gujarat 3, the learned 1 (2000) 9 SCC 266 2 (2021) 12 SCC 1 3 (2014) 14 SCC 434 ________________ Page.No.111 of 166 https://www.mhc.tn.gov.in/judis H.C.P.No.1021 of 2023 Senior Counsel would submit that the Police custody is only an exception and judicial custody is the normal rule. Therefore, the learned Senior Counsel would submit that the ratio laid down in all the above judgments if taken into account, the law which will hold the field as on date is that no exclusion of time can be granted.
Madras High Court Cites 102 - Cited by 0 - J N Banu - Full Document

Megala vs The State Represented By on 4 July, 2023

(b) Relying upon the judgment of the Hon'ble Supreme Court of India in Satyajt Ballubhai Desai and Ors. Vs. State of Gujarat 2, the learned Senior Counsel would submit that the Police custody is only an exception and judicial custody is the normal rule. Therefore, the learned Senior Counsel would submit that the ratio laid down in all the above judgments if taken into account, the law which will hold the field as on date is that no exclusion of time can be granted.
Madras High Court Cites 102 - Cited by 0 - J N Banu - Full Document
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