138 crpc

archana rathod (Querist) 03 October 2012 This query is : Resolved
sir its very important iam in need of referance / case law in the matter of sec.138 crpc for grant of bail in the court of jmfc . bail was rejected on the ground of investigation is not complited i need the correct refrences for grant of bail from the same court there is no further investigation in progress plz help me for finding correct case law its urgent

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Advocate Rajkumarlaxman (Expert) 04 October 2012
what are u up to 138 cr.p.c is

138. Procedure where he appears to show cause.

(1) If the person against whom an order under section 133 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.

(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be with such modification.

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case

n you are asking about bail . i hope you have understood what u want. or else may be u r speaking of 138 N.I.Act and the bail therein.

Devajyoti Barman (Expert) 04 October 2012
But in 138 NI Act , where is scope of Police investigation and bail?

Clarify your query.

Guest (Expert) 04 October 2012
Does your question pertains to sec.138 of CrPC or NI Act? Further what type of investigation you are referring to?

If you don't give any background of the case, you are not likely to get proper solution to your actual problem. Problem cannot be only bail in general, but bail in a particular case.

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