sections 436 to 450
of chapter XXXIII of the Code of Criminal Procedure , 1973.
5
Section 436 deals with situation, in what kind of cases ... were sections 437 and 439 of the Code. Section 438
was incorporated in the Code of Criminal Procedure , 1973 for the
first time
Crl.) No. 5986 of 2006
S.L.P. (Crl.) No. 5200 of 2009
3 CRIMINAL APPEAL No. 1410 OF 2011
4
5 CRIMINAL APPEAL ... appellant in Criminal
Appeal No. 1410 of 2011, after tracing the earlier history, viz., the
relevant provisions in the Code of Criminal Procedure
report on a wrong interpretation of Section 170 of the Code of Criminal
Procedure (hereinafter referred to as “the Code” for short), an endeavour ... principle to be deduced from the various sections in the
Criminal Procedure Code was that grant of bail is the rule and refusal
Moreover he has a further remedy of filing a criminal complaint under
Section 200 Cr.P.C. Why then should writ petitions or Section ... before the
Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and
not by filing a writ petition or a petition
view of express stipulation contained in Section 167 of the
Code of Criminal Procedure, 1973. Also, in case where an
accused is released on anticipatory ... 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
Bail-Anticipatory Bail- Section 438 of the Code of
Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of-
Judicial balancing of personal liberty ... Code of Criminal Procedure , 1973
(Act 2 of 1974) thus:
(1) The power under Section 438 , Criminal
Procedure Code, is of an extra-ordinary
character
words ?Nothing in this Code? in Section 482 of
the Code of Criminal Procedure, but, the
powers under Section 482 of the Code of
Criminal ... Procedure Code is undoubtedly
a complete code in itself. As has already been
discussed by us, the discretionary jurisdiction
under Section 397(2) CrPC
bailable. (2) Notwithstanding anything contained in the Code of
(1) Notwithstanding contained in the Code of Criminal Procedure , 1973 (2 of 1974), no
Criminal Procedure ... seven years and with fine. The Second Schedule to the
Criminal Procedure Code relates to classification of offences against other
laws and in terms
Section 125 of the Cr.P.C.
Chapter IX of Code of Criminal Procedure , 1973 provides for
maintenance of wife, children and parents ... order of maintenance under
section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any
other law for the time being
will be
appropriate to refer to Section 351 of the Criminal Procedure Code,
1898 (hereinafter referred to as `Old Code’), where an analogous
provision existed ... scheme of the trial
of a criminal case under the Code of Criminal Procedure , 1973,
viz., Chapter XIV “Conditions requisite for initiation of
proceedings” containing
