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1 - 9 of 9 (0.63 seconds)Nawal Sahni vs State Of Bihar on 4 May, 1988
(1) Nawal Sahani v. State of Bihar, 1989 Cri.L.J. 733 Division Bench of Patna High Court,
(2) Shardulbhai v. State of Gujarat, 1990 Cri.L.J. 1275 Full Bench of Gujarat High Court,
(3) Abdul Wahid v. State of Maharashtra, 1992 Cri.L.J. 1900 Division Bench of Bombay High Court at Nagpur,
(4) Hari Om v. State of U.P., 1992 Cri.L.J. 182 Single Bench of Allahabad High Court.
Shardulbhai Lakhmanbhai Pancholi And ... vs State Of Gujarat on 15 September, 1989
7. There appear no good reasons to depart from the decisions of the different High Courts referred to above.
Abdul Wahid vs State Of Maharashtra on 27 August, 1991
Bombay High Court in Abdul Wahid's case (supra) holds that right accrued to the accused under the proviso can be exercised only before charge-sheet is filed. Once charge-sheet is filed, the Magistrate's power can be exercised only under Section 437, Criminal Procedure Code.
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Govt. Of ... on 12 February, 1979
6. As the accused-applicants were represented by a counsel before the Court below, failure of the Magistrate on expiry of 90 days to inform them of their right to be released on bail under the proviso as stipulated in Hussainara's (supra) has not caused them any prejudice, would not help them.
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 437 in The Code of Criminal Procedure, 1973 [Entire Act]
Aslam Babalal Desai vs State Of Maharashtra on 15 September, 1992
5. The Supreme Court decision relied on by Shri Gupta in Aslam's case (supra) is on different points. The decision deals with the question whether the accused once released on bail under the proviso to Section 167(2)(a) can be taken back in custody merely on filing of charge-sheet and when there are no special reasons for doing so, though the charge-sheet reveals commission of non-bailable offence. This decision would not support the applicants.
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
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