Section 438 in The Code of Criminal Procedure, 1973
438. Direction for grant of bail to person apprehending arrest.
- [(1) Where any person has reason ... Penal Code.] [Inserted by Criminal Law (Amendment) Act, 2018 (22 of 2018), dated 11.8.2018.]
Maharashtra.- For Section 438 of the Code of Criminal Procedure
Code of Criminal Procedure in 1973.
10. Section 438 of the Code of Criminal Procedure, 1973 reads
as under:
"438. Direction for grant ... were sections 437 and 439 of the Code. Section 438
was incorporated in the Code of Criminal Procedure , 1973 for the
first time
Section 438 of the Code is exactly
like the orders of bail passed under Sections 437 and 439 of
the Code; the Code does ... true legal position,
thus,
“(1) The power under Section 438 , Criminal
Procedure Code, is of an extraordinary
character and must be exercised sparingly in
exceptional
accused filed anticipatory bail application before the learned trial
Court under Section 438 Cr.P.C. That the learned Sessions Court,
Mumbai granted interim protection ... anticipatory bail application under Section 438 is
filed, the same can be granted within the parameters of Section 438
Cr.P.C. and the conditions
accused persons. This
direction “amounts” to an order under Section 438 CrPC, albeit without
satisfaction of the conditions of the said provision. This ... deem fit and proper.
Analysing the scope of Section 438 CrPC as expressed by the Constitution
Bench in Gurbaksh Singh Sibbia v. State
argument, the maintainability of
this bail petition under Section 438 of the Code of Criminal
Procedure is raised. Learned Special Public Prosecutor submitted
that ... Code of Criminal Procedure or Section 439 of the Code of
Criminal Procedure read with Section 440 of the Code of Criminal
Procedure
Court directly by way of a petition under Section 438 of the Criminal Procedure Code. The doubt itself was expressed in respect of contingencies ... Court seeking to guide the power conferred by Section 438 of the Criminal Procedure Code only in exceptional cases. The Constitution Bench held that where
SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2415/2009
(Arising out of S.L.P.(Crl.)No.4190 of 2006)
HDFC Bank ... Crl.O.P.No.15217 of
2006, allowing the application filed by the Respondent No.1
under Section 438 of the Code of Criminal Procedure
ALLAHABAD
A.F.R
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4002 of 2021
Applicant :- Prateek ... direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C . No. 8072 of 2020, Govind Mishra @ Chhotu
different view has been taken.
4. Section 438 was introduced in the Code of
Criminal Procedure on recommendation of the Law
Commission in its forty ... Section 438 Cr. P.C. before the competent court
again after submission of the charge sheet.
27. While enacting the Code of Criminal
Procedure
