Bisheshwar Mishra & Anr vs The State Of Bihar on 27 October, 2016
Author: Ashwani
Section 438 cannot be invoked after the
arrest of the accused. After arrest, the accused must seek his
remedy under Section 437 or Section 439 ... supra). Therefore, this Court
can exercise power under Section 482 Cr.P.C or under Section 439(2)
Cr.P.C to quash
Rama Shankar Singh & Ors vs The State Of Bihar on 27 October, 2016
Author
Shri Rajmani Bansal, counsel for respondent No.2.
Present petition under Section 439 (2) of the Code of
Criminal Procedure has been preferred for cancellation ... respectively with liberty to file properly constituted petition under
Section 439(2) of Cr.P.C. and after the charges are framed in the
subsequent
available.
This is fourth bail application filed by the
applicant under section 439 of the Code of Criminal
Procedure for grant of bail on medical ... available.
This is third bail application filed by the applicant
under section 439 of the Code of Criminal Procedure for
grant of bail. His first
Sunaina Devi & Anr vs The State Of Bihar on 27 October, 2016
Author: Ashwani
Advocate for
the respondent/State.
By this second application filed under section
439 of the Cr.P.C.,applicant Manoj s/o Narayan
Chouhan ... Govt. Advocate for
the respondent/State.
By this application filed under section 439 of the
Cr.P.C.,applicant Basantilal s/o Bherusingh has moved
provision for appeal provided under Section 21(4)
of the NIA Act, the powers under Section 439 of Cr.P.C stand
excluded. In this ... appeal under Section 21(4) of the NIA Act, an application for
regular bail under Section 439 of Cr.P.C is not maintainable
before
under sub-section (1) of Section 389 Cr.P.C. but
there is bar under sub-section (3) of the said Section for second revision ... same under sub-section (3) but there is no
such bar under sub-section (2) of Section 439 Cr.P.C. In my opinion
section 2 of Section 44 , which opens with a non
obstante clause, the powers relating to bail under Section 439 are protected and
not restriction ... clause in sub-section (2) of Section 44 of
PML Act saves the power of the High Court under Section 439 Cr.P.C. from