para 11)
"(1) The power under Section 438 , Criminal Procedure Code,
is of an extraordinary character and must be exercised
sparingly in exceptional cases ... legal position, thus:
Page
22
(1) The power under Section 438 , Criminal Procedure Code, is
of an extraordinary character and must be exercised
sparingly
file an application for
anticipatory bail under Section 438 of the Criminal Procedure Code, 1973 and
the same would be maintainable. Since there ... question relating to the applicability and maintainability of Section 438
of Code of Criminal Procedure in a case where a child in conflict with
however, be mentioned that inasmuch
as section 438 of the Code of Criminal Procedure,
1973 gives a discretionary power to grant bail, this
discretion ... huge pendency of criminal appeal
before the Division Bench, and criminal appeal, criminal
revision and criminal petition (482 of the Cr.PC ) before the
Single
file an application for
anticipatory bail under Section 438 of
the Criminal Procedure Code, 1973
and the same would be maintainable.
Since there ... over the Criminal
Procedure Code (making no specific reference to Section 438
Cr.P.C.), at the stage of post-apprehension/detention
declared as proclaimed offender. He has pointed out that the
Code of Criminal Procedure has been amended and the Bharatiya
Bhar
Nagrik Suraksha Sanhita ... appointed under the Code of Civil Procedure ,
1908 (5 of 1908)."
1908).
22. Section 438 of the Code of Criminal Procedure
Naushad Ansari Case (supra) that the
anticipatory bail petition under Section 438 ,
Cr.PC/Section 482 B.N.S.S. is not maintainable in
view ... person to avail the remedy under
Section 438 of the Code.
........................................................................
..............
44. Section 41A of the Code operates in a
situation where there
High Court retain its concurrent original
jurisdiction under Section 438 of the Criminal
Procedure Code to entertain such applications?
FACTUAL BACKGROUND :
When all these Criminal ... objection regarding
maintainability of said Criminal Petitions contending inter alia that under
Section 438 of the Code of Criminal Procedure, 1973 and under Section
High Court retain its concurrent original
jurisdiction under Section 438 of the Criminal
Procedure Code to entertain such applications?
FACTUAL BACKGROUND :
When all these Criminal ... objection regarding
maintainability of said Criminal Petitions contending inter alia that under
Section 438 of the Code of Criminal Procedure, 1973 and under Section
Criminal Procedure Code (Amendment) Act, 2005 -- which has till now, not been brought into force, reads as follows:"438. Direction for grant of bail ... those accused of such offences. The amendment [Code of Criminal Procedure Amendment Act, 2018 introduced Section 438(4) ] reads as follows:
"438. (4) Nothing
High Court retain its concurrent original
jurisdiction under Section 438 of the Criminal
Procedure Code to entertain such applications?
FACTUAL BACKGROUND :
When all these Criminal ... objection regarding
maintainability of said Criminal Petitions contending inter alia that under
Section 438 of the Code of Criminal Procedure, 1973 and under Section
