section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.] [Inserted by Criminal Law (Amendment ... Code of Criminal Procedure, 1973 as amended in its application to Uttar Pradesh, after Section 437-A the following section shall be inserted, namely:- "438
Code of Criminal Procedure in 1973.
10. Section 438 of the Code of Criminal Procedure, 1973 reads
as under:
"438. Direction for grant ... could
be granted were sections 437 and 439 of the Code. Section 438
was incorporated in the Code of Criminal Procedure , 1973 for the
first
under 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
arrest the accused persons. This
direction “amounts” to an order under Section 438 CrPC, albeit without
satisfaction of the conditions of the said ... Article 226 of the Constitution of India nor Section 482 CrPC nor
Section 438 CrPC. This Court in Ranjit Singh (supra
view of
Section 18 of the Act, there is no application of Section 438 of the
Code of Criminal Procedure but in view ... Code of Criminal Procedure or Section 439 of the Code of
Criminal Procedure read with Section 440 of the Code of Criminal
Procedure
High Court directly by way of a petition under Section 438 of the Criminal Procedure Code. The doubt itself was expressed in respect of contingencies ... High Court seeking to guide the power conferred by Section 438 of the Criminal Procedure Code only in exceptional cases. The Constitution Bench held that
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 ... with Section
120B Indian Penal Code.
8. The Respondent No.1 thereupon filed an application in
the Madras High Court under Section 438
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 ... impose other conditions apart from the conditions given in the section aforesaid. Section 438(5) Cr.P.C., clearly provides that the application for grant
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 his Lordship was further considering the
23
comparative scope and ambit of Section 438 Cr.
P.C. with Sections 437 and 439
