Delivered on 28.02.2023
Court No. - 45
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1346 of 2023
Applicant :- Vinod Bihari ... Counsel for Opposite Party :- G.A.
And
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1348 of 2023
Applicant :- Prof
Criminal
Procedure Code , 1973 replaced the old code of 1898. The old code
did not provide for any corresponding provision to Section 438 ... Scheme of Code of Criminal Procedure does not define
the word "arrest". In Chapter V of Code of Criminal Procedure ,
Section 41 lays
Applicants have preferred the instant bail applications under
Section 438 of the Code of Criminal Procedure before this Court
directly and they have not assigned ... Sessions Court have concurrent
jurisdiction for dealing with an application under Section
438 Cr.P.C. and there is no bar that such an application
exercise of powers under Section 439(2) of the Code of Criminal Procedure.
Parameters for grant of anticipatory bail laid down by Supreme Court ... State of U.P. restoring Section 438 as it presently exists in the Code of Criminal Procedure , or in a modified form
Fort Kochi Police Station under
Section 438 of the Code of Criminal Procedure ( Cr.P.C .). This
case is registered against the petitioner alleging offence ... Section 7(c) notwithstanding anything contained in the
Code of Criminal Procedure , 1973, no person accused of an
offence punishable under the Act, 2019 shall
shall be released on bail. Section
46(1) of the Code of Criminal Procedure which deals with how arrests
are to be made, provides that ... Crl. L.J. 608, Jagannath v. State
of Maharashtra 1981 Crl. L.J. 1808 and K.C. Iyya v. State of
Karnataka 1985 Crl
Chennai 600 079. .. Respondent
Prayer :- Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on anticipatory bail ... Whether an application seeking anticipatory bail under Section 438 of the Code of Criminal Procedure at the instance of a juvenile in conflict with
Gopal,J.
1. This anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973 (" Cr.P.C .") has been filed ... concerned statute as a bailable offence ? "
9. Section 438 of the Code of Criminal Procedure, 1973 as introduced in the State of Uttar Pradesh
STATE OF MAHARASHTRA FOR R3)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING THIS COURT TO ENLARGE THE PETITIONER ... detail has discussed the scope of Section
48 of code and also section 438 of Cr.P.C. and also discussed the
judgment of Gurbaksh
order dated 22nd December, 2015 in Criminal Misc. Case
No.8794 of 2015 filed under Section 438 Cr.P.C. arising out of Cossipore Police ... Eastern Criminal Laws (Cal) 118, (2011) 3
Eastern Criminal Law Notes (Cal) 122, (2011) 2 Eastern Criminal Law Notes (Cal)
1316.
On behalf
