HCHP
31
section 439 Cr.P.C. and the fact that the Sessions
Court had refused the bail under section 439 Cr.P.C.
.
does ... Code. It was further observed
that it was only appropriate to avoid unpleasant
situation of this nature and violation of judicial
discipline and propriety that
Code of Criminal Procedure . It may be envisaged by the Code of Conduct governing him so far as service discipline is concerned. In Kishun Singh
application was filed before
learned Chief Judicial Magistrate, Haridwar under
Section 321 Cr.P.C. by Public Prosecutor seeking
permission to withdraw the prosecution against ... IPC. It also appears
that he was also charged under Section 302 IPC as per
record.
7. The case of the applicant in a nutshell
alia the power
conferred on a court of appeal under s.423 , Cr.P.C. The power being
discretionary, it is to be exercised judicially ... Code it can exercise inter alia the power conferred
on a court of appeal under S, 423 of the Code the High Court
Cr.P.C. has not
been adjudicated according to law that power is vested with the Sessions
Judge and as per Judicial discipline an application ... positively.
8. Accordingly, the bail application filed under Section 438 of the
Cr.P.C. is dismissed as not maintainable.
9. CC today.
Sd/-
(Deepak
State (NCT of Delhi) Page 1 of 8
420/471 IPC . In order to decided this issue, it needs introduction, since
there are various facts ... involved.
2.1 (Background/introduction) - Petitioner Sunita Kumari is
member of discipline force of Delhi Police. She joined Delhi Police on
25.09.2000 as a Constable
only in rare and appropriate cases in extreme
circumstances. But the judicial discipline and comity
of courts require that the High Courts should refrain
from ... concept of “anticipatory bail” as
understood in Section 438 of the Code in the State of Uttar Pradesh.
In Balchand Jain v. State
Code of Criminal
Procedure , 1898 is as wide as the power of Court of Appeal
under s. 423 of the Code, it is well settled ... Code it can exercise inter alia the power
conferred on a court of appeal under section 423 of the
Code, the High Court
that at a
stage when the police report under Section
173 of Cr.P.C. has been forwarded to the
Magistrate after completion ... gaze
of judicial scrutiny, the High Court would do
well to discipline itself not to undertake
quashing proceedings at the stage in
exercise
Lahoti (as His Lordship then was) referring various
judgments emphasized the discipline of the system as thus :-
"(i) in view of the decision ... matter of an offence under Sections 420 , 467 , 468 and 471 of IPC,
the issue with respect to cancellation of the bail, granted
