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1 - 10 of 13 (0.22 seconds)R. P. Kapur vs The State Of Punjab on 25 March, 1960
From the perusal of the material on record and looking into the facts of
the case at this stage it cannot be said that no offence is made out
against the applicant. All the submission made at the bar relates to the
disputed question of fact, which cannot be adjudicated upon by this
Court under Section 482 Cr.P.C. At this stage only prima facie case is to
be seen in the light of the law laid down by Supreme Court in cases of
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of
Haryana Vs. Bhajan Lal, 1992 SCC (Cr.)
State Of Bihar Etc. Etc vs P.P. Sharma, Ias And Anr on 2 April, 1991
426, State of Bihar Vs.
P.P.Sharma, 1992 SCC (Cr.)
M/S Zandu Pharmaceutical Works Ltd.& ... vs Md Sharaful Haque & Anr on 1 November, 2004
192 and lastly Zandu Pharmaceutical
Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005
SCC (Cr.) 283. The disputed defence of the accused cannot be
considered at this stage. Moreover, the applicant has got right of
discharge under Section 239 or 227/228 Cr.P.C. as the case may
through a proper application for the said purpose and he is free to take
all the submissions in the said discharge application before the Trial
Court.
Smt. Amrawati Devi And Others vs State Of U.P. And Others on 4 January, 2010
However, it is directed that the applicant shall appears and surrenders
before the court below within 30 days from today and applies for bail, his
prayer for bail shall be considered and decided in view of the settled law
laid by this Court in the case of Amrawati and another Vs. State of
U.P. reported in 2004 (57) ALR 290 as well as judgement passed by
Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra
Pratap Singh Vs. State of U.P. For a period of 30 days from today or
till the disposal of the application for grant of bail whichever is earlier, no
coercive action shall be taken against the applicant. However, in case,
the applicant does not appear before the Court below within the
aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally dispose off.
Order Date :- 2.2.2010
shailesh