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| Criminal
Procedure Code |
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| Bhagirathi
Mahapatra v. State of Orissa S.
438- Bail- Anticipatory bail can be granted only by the
High Court or a Court of Sessions and the grant is confined
only to.. |
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| Narayan
Singh v. State of M.P Section
438- In the matter of exercising discretion of anticipatory
bail under Section 438, Cr. P.C. the persons who fall
in the category of |
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| Sheik
Kashim Bi v. StateThe
filing of a charge –sheet by the police and issuing
of a warrant by the Magistrate do not put end to the power
to grant |
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| Puran
Singh v. Ajit SinghThe
section makes no distinction whether the arrest is apprehended
at the hands of the police or at the instance of the Magistrate |
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| Jodha
Ram v. State of RajasthanSection
438-Jurisdiction- The Court within whose jurisdiction
a person apprehends his arrest for a non-bailable offence
has jurisdiction to grant |
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| Indu
Bala v. Delhi AdminstrationSection
438-Counsel for the complainant has no right to be heard
the petition for anticipatory bail. He can brief the State
Counsel |
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| Gurbaksh
Singh Sibbia v. State of PunjabBail-
The Court may, if there are reasons for doing solicit
the operation of the order to a short period until after
the filing of…… |
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| Avinash
Arora and Ors. v. State of U.T. Chandigarh and Anr.
Bail-Court committed error
in passing the conditional order of depositing Rs. 10
Crore for grant of anticipatory bail…… |
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| State
of Punjab Vs. Raninder Singh and Anr. It
may be mentioned here that Section 438(2)(i) of the Code
of Criminal Procedure is very clear that while granting |
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| Naresh
Kumar Yadav Vs. Ravindra Kumar and Ors.The
facility which Section 438 of the Code gives is generally
referred to as 'anticipatory bail'. This expression which
was |
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| Salauddin
Abdulsamad Shaikh v. State of MaharashtraAnticipatory
bail is granted in anticipation of arrest in non-bailable
cases, but that does not mean that the regular court, |
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| Sohan
Lal Juneja and Ors. Vs. State of PunjabBecause
of non-deposite of amount ordered by High court the interim
protection denied |
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| State
of U.P v. Amarmani TripathiCancellation
of bail- The condition laid down under Section 437 (1)
(i) is sine qua non for granting bail even under Section
439 of the Code |
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| Panchanan
Mishra v. Digambar MishraThe
object underlying the cancellation of bail is to protect
the fair trial and secure justice begin done to the society
by.. |
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| Som
Mittal v. Govt. of KarnatkaS.
482 - In a catena of decisions this Court has deprecated
the interference by the high Court in exercise of its
inherent |
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| State
of Bihar v. J.A.C. SaldanhaSection
482- The high Court in exercise of the extraordinary jurisdiction
committed a grave error by making observations on seriously
disputed questions of facts |
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| Hazari
Lal Gupta v. Rameshwar Pd. Section
482- In exercising jurisdiction under Section 561-A (of
old code) of Criminal Procedure Code, the High Court can
quash proceedings |
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| Kurukshetra
University v. state of Haryana Section
482- it surprises us in the extreme that the High Court
thought that in the exercise of its inherent powers under
Section 482 of the |
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| Sate
of Bihar v. Murad Ali Khan The
jurisdiction under Section 482 of the Code has to be exercised
sparingly and with circumspection and has given the |
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| Sate
of Haryana & ors v. Bhajan Lal & Ors. The
Hon'ble Supreme Court given illustrations where in the
inherent power under Section 482 of the Code should be
exercised by the High Court |
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| Pritam
Singh vs. State of PunjabSection
438- Jurisdiction of the Court - FIR registered at Ludhiana
under offences 420, 406 and 411, IPC, -480 books of “Sachi
Sakhi’ alleged to have been printed… |
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| Evidence Act |
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| Smt.
Shakunala vs. State of Haryana S.
32 -Evidence Act- Though a dying declaration is entitled
to great weight, it is worthwhile to note that the accused
has no power of cross-examination. Such a power… |
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| Ravi
v. State of T.N Section
32 Evidence Act - Dying declaration - If the truthfulness
of the dying declaration can not be doubted, the same |
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| Muthu
Kutty v. State Section
32- Though a dying declaration is entitled to grate wait,
it is worthwhile to note that the accused has no power
of cross…. |
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| Indian Penal code |
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| Bishan
Singh & Anr V. state Section
308 - Before an accused can be held to be guilty under
Section 308 IPC, it was necessary to arrive at a finding
that the ingredients |
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| Chinta
Phulaa Reddy V. State of A.P Section
34 is applicable even if no injury has been caused by
the particular accused himself |
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| Ashok
Kumar v. State of Punjab Section
34-The existence of common intention amongst participants
in a crime is the essential element for application of
this section. |
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| Grija
Shankar vs. State of U.P Section
307- To justify a conviction under this section, it is
not essential that bodily injury capable of causing death
should have been |
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| Sachin
Jana and Anr. v. Sate of West Bengal Section
34 has been enacted on principle of joint liability in
the doing of a criminal act, the section is only a rule
of evidence and does not create a substantive offence.
The distinctive… |
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