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1 - 10 of 12 (0.22 seconds)Section 71 in The Code of Criminal Procedure, 1973 [Entire Act]
Ghanshyam Lal Choudhary vs The State Of Rajasthan on 5 May, 1972
(6). Mr. S.K. Gupta, learned counsel invited my attention towards the provisions contained in Section 438 Cr.P.C. and canvassed that the view taken by the Division Bench of this Court in Ghanshyam vs. State of Rajasthan (supra) is not correct and matter may be referred to Larger Bench. I am unable to parsuade myself to agree with the submissions of Mr. Gupta. In order to attract the provisions contained in sub-section (3) of Section 438 Cr.P.C. issuance of directions under sub-section (I) of Section 438 is necessary.
Section 70 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980
In Gurubaksh Singh Sibbia vs. State of Punjab (1), their Lordships of the Supreme Court indicated that the High Court and the court of Sessions to whom the application for anticipatory bail is made ought to be left free in the exercise of their judicial discretion to grant bail if they consider it fit to do so on the particular facts and circumstances of the case and on such conditions as the case may warrant.
Section 6 in The Indecent Representation of Women (Prohibition) Act, 1986 [Entire Act]
Ghanshyam And Ors. vs State Of Uttar Pradesh on 17 February, 1982
Sub-Section (3) of Section 438 Cr.P.C. provides that after issuance of directions under sub-section (1) of Section V Cr.P.C. if a person is arrested without warrant by police officer and if such person is prepared at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on and in case where the Magistrate took cognizance and issue warrant of arrest against such person in whose favour directions under sub-section (1) of Section 438 were issued the Magistrate shall issue bailable warrant in conformity with the direction of the court under sub-section (1) of Section 438 Cr.P.C. whereas in Ghanshyam vs. State (supra) situation was quite different. It was held that anticipatory bail could be granted even though the Magistrate had taken cognizance of non-bailable offence and issued warrant of arrest.
Santu Ram vs State Of Rajasthan And Ors. on 4 April, 1994
(7). In so far as interpretation of Section 71 Cr.P.C. is concerned, I am of the view that a Judicial Magistrate under this section can convert warrant of arrest into bailable warrant. The word 'person' used in this section can be attracted to the accused as well as the witnesses. This court had occasion to interpret Section 70(2) of Cr.P.C. in Santu Ram vs. State of Rajasthan (4) and it was indicated that in sub-section (2) of Section 70 Cr.P.C. the Magistrate had all the powers to reconsider the orders with regard to issue of non-bailable warrants.