1. Swarup Kumar Barik, son of Virendra Barik VS State of Jharkhand - 02 Aug 21

Criminal Procedure Code, 1973 -Section 439(2) and 439(2) - Anticipatory bail -Petition has been filed for ... A.B.P. by learned Sessions Judge, East at, whereby Opposite Party have been granted anticipatory bail - Held, On perusal of Section 439 ... (2) Cr.P.C - Petitioner, if so advised, may approach learned Sessions Judge, and take all grounds which have been raised in Court ... On perusal of Section 439(2) Cr.P.C, it transpires that the High Courts as well as the court of Sessions are having power to exercise ... (2) Cr.P.C. ... East Singhbhum, Jamshedpur, it will be proper for the petitioner to file petition before the learned Sessions Judge under section 439

India - Jharkhand

2. Golu Rajak VS State of M. P. - 11 Jul 06

of charge sheet but also upto the trial is over unless it is cancelled under S. 437 (5) or S. 439 (2). ... vFkok /kkjk 439 ¼2½ ds v/khu jn~n ugha fd;k x;k gksA 1979 ts ,y ts 419 voyafcrA ¼iSjk 5½ ... Criminal P.C., 1973 -- Ss. 438, 437 and 439 (2) -- unconditional anticipatory bail order -- remains in force not only upto the filing ... (2). ... (2) of the Code of Criminal Procedure. ... CrPC is valid not only till the charge sheet is tiled but till the trial is concluded unless cancelled under section 437 (5) or 439

India - Madhya Pradesh

3. X VS State of Karnataka - 05 Nov 20

Cancellation of bail – In absence of any cogent material on record, liberty of any person as envisaged under Article 21 of Constitution of India cannot be curtailed on mere ground of number of cases being pending against him.

is not a ground to invoke Section 439(2) of Cr.P.C. – While exercising the power under Section 439 (2) of Cr.P.C., Court has to look ... of bail – Prosecution for offences of rape, cheating and criminal breach of trust – To invoke Section 439 (2) of Cr.P.C., there ... Criminal Procedure Code, 1973 – Section 439(2) – Indian Penal Code, 1860 – Sections 376, 420 and 506 – Cancellation ... is not a ground to invoke Section 439(2) of Cr.P.C. ... —This petition is filed under Section 439(2) of Cr.P.C. praying this Court to cancel the bail granted in favour of respondent No.2 ... the point that would arises for the consideration of this Court is whether the powers conferred under Section 439(2) of Cr.P.C.

India - Crimes

4. Yogesh VS State of Maharashtra - 13 Aug 13

CRIMINAL PROCEDURE CODE, 1973 - Sections 438 and 439(2) - Calcellation of bail. ... of anticipatory bail" also hence cancellation of anticipatory bail can be applied under Section 439(2) of Code. ... ... Since word "bail" used in Section 439(2) of Code includes "relief ... Rambilas and another], the Apex Court has discussed the power of High Court under section 439 (2) of Cr.P.C. ... The application is filed under section 439 (2) of Criminal Procedure Code for cancellation of relief granted by Sessions Court, Jalgaon ... Section 439 (2) of Cr.P.C.

India - Bombay

5. Intelligence Officer, Directorate of Revenue Intelligence VS Mohammed Abdul Rab @ Babloo - 17 Apr 98

(2) and 482 Application for cancellation of bail - Absence of allegation to bring the case u/s. 439(2) Cr. ... (i) Criminal Procedure Code, 1973 - Sections 439(2) and 482 Petition for cancellation of bail - Respondent accused were caught in ... (2) Cr. ... (2) Cr. ... (2) Cr. ... (2) Cr.

India - Crimes

6. Girraj VS State of Rajasthan - 06 Feb 01

Criminal Procedure Code, 1973, Section 439(2) read with 482 - application was moved under Section 439(2) for cancellation -sessions ... Section 439(2) Criminal Procedure Code suo motu to cancel the bail. ... Criminal Procedure Code, 1973, Section 439(2) - Indian Penal Code, 1860, Sections 301 and 302 - power can not be exercised under ... (2) Criminal Procedure Code to the learned Sessions Judge, Alwar as the Sessions Judge has also power under Section 439(2) to cancel ... (2) Criminal Procedure Code suo motu or at the instance of State or any aggrieved party. ... 2.

India - Rajasthan

7. Noushad VS State of Kerala - 29 Oct 15

Criminal Procedure Code, 1973 - Section 437(5) and 439 (2) - High court or Court of Session may direct that ... S.439(2) of new Code empowers Magistrates and Sessions Courts respectively to cancel the bail granted to an accused on basis of ... any person which has been released on bail under this chapter be arrested and commit hi to custody - Held, According to section 439 ... P.C as well as under Section 439(2) Cr. P.C sufficient grounds should be there. ... Section 498(2) which was the provision in the Code of 1898 corresponding to Section 439(2) of the Code of 1973 ran as follows:-/ ... The question is whether Section 437(5) or Section 439 (2) empowers the court concerned to cancel bail.

India - Kerala

8. Jai Krishan VS State Of Punjab - 26 Nov 09

Bail--Cancellation of--Application not necessarily be moved by State only--An aggrieved person or important witness can also move such an application.Bail--Cancellation of--Bail obtained by fraud, is sufficient to recall order of bail.

"439 (2): A High Court or Court of Session may direct that any person who has been released on bail under this

India - Punjab

9. Godson VS State of Kerala - 10 Aug 22

(1) Mere violation of condition alone is not sufficient to cancel bail granted by court.(2) Stipulations contained in Section 437(5) and 439(2) of Cr.P.C. cannot be treated as a substitute for preventive detention laws.

(A) Criminal Procedure Code, 1973 – Sections 437(5) and 439(2) – Bail – Cancellation of – Mere violation ... (Paras 7 and 8)(B) Criminal Procedure Code, 1973 – Sections 437(5) and 439(2) – Bail – Cancellation of – Even ... (2) of Cr.P.C. cannot be treated as a substitute for preventive detention laws. ... The stipulations contained in Section 437(5) and 439(2) of Cr.P.C. cannot be treated as ... Section 439(1)(a) of Cr.P.C. ... (2) of Cr.P.C.

India - Crimes

10. Rajendra Jainarayan Sharma VS R. P. Patankar, Asstt. Collector of Customs, Bom. - 19 Aug 92

... Section 439 (2). ... Sections 437 (1) and 439 (2). ... See N.D. P. S. ... ... Section 37-Code of Civil Procedure, 1973-Section 439 (2) Bail-Granted ... 2. ... (2) of the Code. ... :---This purports to be a petition under sections 482 and 439 of the Criminal Procedure Code, 1973 ---herein after referred to as

India - Bombay