Sec 438 of crpc
Web1 Jun 2024 · Anticipatory bail under Section 438 CrPC is bail before the arrest. Through anticipation of arrest, a person can apply for bail before the competent court. In the case offense is under Section 420 IPC, the person should approach the Court of Sessions. WebRegular Bail u/s 437 CrPC. Regular Bail is a bail that is granted by the Court to a person after he has been arrested. When any person commits a cognizable and non-bailable offense the police will take him into the custody. After the termination of the period of police custody if any, the accused must be sent to Jail.
Sec 438 of crpc
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Web23 Apr 2024 · What has not been pleaded and prayed for explicitly cannot be obtained through a clever play on words hence proceedings u/s 482 of CrPC cannot be used to push through pleas under section 438 CrPC ... Web1B. The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence …
Web4 May 2024 · Application u/s 438 Cr.PC for grant of bail in anticipation of the arrest of the applicant. MAY IT PLEASE YOUR HONOUR: The applicants most respectfully submit as … WebCrPC Chapter XXXII; S. 436 In what cases bail to be taken: Description; When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the …
Web14 Feb 2024 · Section 438 of the CrPC lays down the provisions on anticipatory Bail: Sec. 438 (1): When any person anticipates that he/she may get arrested on an accusation of having committed a non-bailable offence, he/she may apply to the High Court or the Court of Session for a direction under this Section. WebSection 438 of CrPC 438 - Direction for grant of bail to person apprehending arrest (1) When any person has reason to believe that he may be arrested on an accusation of having …
Web1 Oct 2009 · The accused filed application under Section 438 CrPC before High Court alleging that they were victims of a conspiracy. High Court declined to accept the prayer made by appellant-accused to extend the protection available under Section 438 CrPC . Hence the present appeal. Head Notes. Disposing of the appeal, the Court. HELD : 1.
Web2 days ago · न्यायालय ने यह भी स्पष्ट किया कि हाईकोर्ट द्वारा 438 या 439 के तहत पारित एक आदेश की बाधा, जो अवर न्यायालय को न्यायिक औचित्य के अनुरूप जमानत के लिए एक आवेदन पर ... gabe\u0027s footwearWeb14 Feb 2024 · A new section – 18A – was introduced which laid down that there was no requirement for a preliminary inquiry before filing an FIR. It also said Section 438 of CrPC (which provides for anticipatory bail) would not apply … gabe\u0027s lexington kyWeb17 Jul 2024 · Section 438 CrPC. Section 438 of CrPC 1973 :- 438. Direction for grant of bail to person apprehending arrest --. (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court ... gabe\u0027s locations in wvWeb9 Aug 2024 · In this post, the author analyses the applicability of Anticipatory Bail under section 438 CrPC to the Juvenile Justice Act, 2015. The author argues that in the absence of concrete guidelines and judgment by the Supreme Court on the issue, there is an absence of uniform approach adopted by the High Courts which has led… gabe\\u0027s martinsburg hoursWeb23 Oct 2024 · • Cheating involves an act of dishonest inducement or delivery of property, and the involvement of mens rea. • Cheating is a Cognizable offence under the non-bailable category. • Anticipatory bail can be applied under Section 438 CrPC. Section 420 in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. gabe\u0027s martinsburg hoursWebSection 438 CrPC in FIR No.161 of 2024, Police StationKarni Vihar, Jaipur, under Sections 323, 341, 354, 379 and 376 IPC. 3. As the present case relates to an order granting anticipatory bail, we are consciously referring to the ... under Section 173 CrPC already been filed on 27.09.2024 before the court of learned a CJM Class 3 Jaipur City ... gabe\u0027s knoxville tn storeWeb2 days ago · The Court observed that while entertaining an application for bail under Section 438 or 439 CrPC, the High Court has concurrent jurisdiction along with the Court of Sessions and can examine first ... gabe\\u0027s outlet store