embargo on the Courts that the provisions of Section 438 of the Code of Criminal Procedure cannot be invoked in relation to accusations for offences ... thoroughly unjustified can avail of the provisions of Section 438 of the Code of Criminal Procedure by preferring an anticipatory bail application and experience
Criminal Procedure .
14. These very decisions indicate that in most of the cases the Courts have relied upon Clause (3) of Section 438 ... this Court under Section 438(1) of the Code."
25. In so far as the relevancy of Section 438(3)
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
IPC
Criminal Petition No.4260/12 is filed under Section
438 of the Cr.P.C., praying to enlarge the petitioner on bail ... IPC.
Criminal Petition No.4453/12 is filed under Section
438 of the Cr.P.C., praying to enlarge the petitioners on bail
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
Code it is normally to be presumed that
the Court of Sessions would be first
approached for grant of bail u/s.438 of
... well as the Sessions Court.
18. The intention of bringing out Section 438
Cr.P.C. is enabling each and every person in the
country
RESPONDENT
(BY SRI VINAYAKA V.S, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ... case
(supra), wherein, discussed with regard to Sections 438(1) and
438(3) of Cr.P.C., and also held that even after filing
relevant provisions of the Income Tax Act and
the Code of Criminal Procedure . Both the learned counsel
submit that they have not come across ... conjointly read with Part II of the First Schedule of the Criminal
Procedure Code undoubtedly renders the offence non-bailable
in nature and therefore
COMPLAINANT
Sri S.DORERAJU, SPP FOR STATE)
2
---
THIS CRIMINAL PETITION FILED UNDER SECTION
438 Cr.P.C . BY THE ADVOCATE FOR THE PETITIONER
PRAYING ... 120B ,
389 and 469 IPC and they are bailable offences. Therefore, the
petition under Section 438 Cr.P.C. for bailable offences is not
maintainable
120B R/W 34 OF IPC .
CRL.P NO.6184/2015 FILED U/ S.438 OF CR.P.C
PRAYING TO ENLARGE THE PETR ... IPC .
CRL.P NO.6185/2015 FILED U/ S.438 OF CR.P.C
PRAYING TO ENLARGE THE PETR. ON BAIL IN THE EVENT
