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...thereto. On the completion of the charge-sheet the investigating agency moved the High Court for cancellation of the bail under Section 439(2) of the Code. The High Court for reasons already stated earlier cancelled the ...bond without sureties for his appearance as hereinafter provided.”Sub-section (5) of Section 437 empowers the court which has released the person on bail ...challans the court had jurisdiction to do so. The High Court dismissed the appeal. Thereupon this Court was moved by special leave on the plea that once the bail is granted under Section 167(2) of the Code it cannot be canc...
...Mehboob Dawood Shaikh v. State Of Maharashtra., reported in 2004 AIR SCW 527, subsequent bail applications for cancellation of bail under ...439(2) of the Code and for temporary bail need not to be placed before the same Judge and such subsequent bail applications under Section 437(5) and 439(2) of the Code...Mehboob Dawood Shaikh v. State Of Maharashtra., reported in 2004 AIR SCW 527 subsequent bail applications for cancellation of bail under ...
...Kerala [2015 (4) KHC 943), that the provisions under Section 437(5) of the Code is not meant for cancellation of bail and hence the court below had no power to cancel th...bail invoking the provisions under Section 437(5) of the Code. The learned counsel for the petitioner has further argued that since the bail was granted by the court be...under the proviso to Section 167(2) of the Code, the court below had no jurisdiction to cancel the bail invoking the provisions of Section 437(5) of th...
..., the powers granted to the Court for the cancellation of the bail under Section 437(5) are far more wide in import and intent.6. Looking to this interpretation which is the only..., as no term or condition has been violated, there can be no resort to the provisions contained under Section 437(5) of the Code of Criminal Procedure; but when the conditions of ...approached with the prayer for the cancellation of the bail under Section 437(5) of the Code because as amplified above the powers of the Court for cancellation of the ...
...violated and due to absence of the accused-petitioner, bail was cancelled. The relevant portion of said judgment is reproduced as under: - 20. To cancel the bail under ...439(2) of the Code very cogent and overwhelming reasons are also to be stated. The Court shall not cancel bail in a routine manner, under section 437(5) or 439(2) of the Code...of condition in the bail order will not lead to automatic cancellation of bail bond under Section 446-A of the Code. Apart from violation of condition in the bail order, the Court must also be...
...SCW 527, subsequent bail applications for cancellation of bail under Section 437(5) and 439(2) of the Code and for temporary bail need not to be placed before t...and such subsequent bail applications under Section 437(5) and 439(2) of the Code required to be placed before the appropriate Court as per the roster. However, it is clarified t...Mehboob Dawood Shaikh Vs. State of Maharashtra, reported in 2004 AIR SCW 527 subsequent bail applications for cancellation of bail under ...
...-Pradaman v. State of Kerala [2015(4) KHC 943), that the provisions under Section 437 (5) of the Code is not meant for cancellation of bail and hence the court below...had no power to cancel the bail invoking the provisions under Section 437 (5) of the Code. The learned counsel for the petitioner has further argued that since the bail...provisions of Section 437 (5) of the Code even if it is assumed that the Court is having the jurisdiction to cancel the bail granted under sub-section ...
...before cancelling the bail under Section 437(5) Cr.P.C and since the learned magistrate did not have any such satisfaction, the order impugned cannot be sustained. It...provisions of Section 437(5) Cr.P.C Having gone through the order impugned, I am fully convinced that the court below passed the order impugned only after considering the materials in..., 341, 323, 324 and 308 r/w Section 149 IPC.2. The revision petitioner was granted bail by the court below in the above crime. At the time of granting bail, the court below...
...issue raised in the Reference, we would like to reproduce the Circular dated August 25, 2004 issued by the High Court, which deals with a successive bail application filed under section 439 of the Code, anticipatory ...SCW 527, subsequent bail applications for cancellation of bail under section 437(5) and 439(2), of the Code and for temporary bail need not to be placed bef...Judge and such subsequent bail applications under Section 437(5) and 439(2) of the Code are required to be placed before the appropriate Court as per the roster. However, it is c...
...bail have become inapplicable. The accused is, therefore, not entitled to be released on bail. Perused the evidence on record. I find a prima facie case under section 302/34, I.P.C again...release should be considered as one under section 437(1) or (2). Section 437(5) empowers the Court to direct that the person so released may be arrested if it considers it necessary to do so. The ...section 437(1) or under section 439 and such bail is sought to be cancelled under section 437(5) or under section 439(2), Criminal Procedure Code”...
...cancelled is to proceed under Section 437(5) or Section 439(2). That is because the person released on bail under the proviso to Section 167(2) shall be deemed to be so released ...Chapter XXXIII of the Code.9. Sub-section (5) of Section 437 provides:Any court which has released a person on bail under sub-...:A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody....
...for coming to a compromise. These are all grounds for cancellation as contemplated under Section 439(2) of the Code of Criminal Procedure. The crux of dispute is of a legal proposition. Admittedly, althoug...for cancellation, as sought for, was available under Section 439(2) of the Code of Criminal Procedure but here in the present case on such grounds bail has been cancelled under ...without holding any such enquiry of that factor bail cannot be cancelled. It has also been held by the Apex Court that grounds for cancellation of bail under Section 437(5) of th...
...seeking cancellation of bail under Section 437 (5) or Section 439(2) Cr.P.C. However, an accused already granted bail by the Court of competent jurisdiction cannot be arrested in the mann.... It appears that the applicants were granted bail in the same crime by the Additional Chief Judicial Magistrate, Shikohabad, District Firozabad vide order dated 08.08.2019 under Section...Section 324 IPC, has been admitted to bail by Brother Rajiv Joshi,J. vide order dated 29.9.2021 passed in Criminal Misc. Bail Application No. 18960 of 2021, under the added Sections 325 and 308 IPC...
...granted to an accused in terms of Section 437(5) and Section 439(2). It is submitted that therefore, though the bail is granted under proviso to sub-section (2) of Section 167 Cr...observations made in the aforesaid paragraphs by the respective Hon'ble Judges, it is submitted that as observed and held by this Court, grant of default bail under the proviso to sub-section (2) of Section 167 Cr....of the case and omits or defaults to file a charge-sheet within the time prescribed, the accused would be entitled to be released on bail and the order passed to that effect under Section 167(2) would be an order ...
...petitioner. The de facto complainant filed a petition before the jurisdictional Court with an application to cancel the bail under Section 437(5) Cr.P.C. As per Annexure-II order, the learned Magistrate...1. This Bail Application is filed under Section 439 of Criminal Procedure Code was heard through Video Conference.2. Petitioner is the accused in C.C.No.1039 of 2020 on file.... Section 34 IPC.3. This Court granted bail to the petitioner and others under Section 438 Cr.P.C as per order dated 29.9.2020 in B.A.No.5953 of 2020. One of the condition in the...
...Section 437, are implicit therein and must be read into Section 438.(4) In addition to the limitations mentioned in Section 437, the petitioner must make out a...cancellation of bail under Section 437(5) or for that matter Section 439(2) exist. That is because the release of a person under Section 167(2) is equated to his release ...437(5) and 439(2) a person could be directed to be taken into custody without necessarily cancelling his earlier bail. The difference between cancellation of bail and a direction to take a person into custody ...
...cancellation of bail under Section 437(5) of the Code of Criminal Procedure has not been considered. As against that, learned AGP has taken this Court to the impugned order of detention and has also invite...purpose of setting at naught the orders of bail is required to be determined. Two basic requirements must be fulfilled before the detention of the person under Section 3 of the Act viz., the proposed..., Ahmedabad and two statements of the witnesses in unregistered cases constitute the record of the detaining authority for exercise of the powers under Section 3 of PASA...
...No.123. The Court below allowed the applications filed under Section 437(5) of Cr.P.C. and cancelled the bail and taken the petitioners to custody on the ground that they...contends that the prosecution ought to have filed separate miscellaneous cases for cancellation of bail under Section 439(2) of Cr.P.C. and hence, the impugned order is illegal. ...prosecution has filed separate independent applications under Section 437(5) of Cr.P.C. for cancellation of the bail and in the application, it is specifically mentioned that there is violation of the...
...the smooth trial of a case against him.”On the basis of these decisions it can be said that the principles governing the grant of bail under section 437(1) and 439(1) Cr. P.C...order passed earlier by this court. The second is that the order cancelling bail cannot be challenged in an application under section 438 Cr. P.C but it could be challenged only in a revision or a...this court can do so under section 439(2) Cr. P.C for this purpose the words, if it considered necessary to do so, which find place in S. 437(5) and not in ...
...in the order passed by the learned Judicial Magistrate under Section 437 of Cr.P.C. Therefore, no order of anticipatory bail was in existence at the time of recalling the order by the learned First Additional Sessi...they were granted regular bail under Section 437 of Cr.P.C. The learned Additional Sessions Judge did not consider this aspect of the matter. The complaint and the application for cancellation of...
record. The order dated 18.03.2024 clearly states that accused had applied for grant of regular bail under Section 437 of Cr.P.C. The learned Judicial...