Can't Grant Anticipatory Bail For Case Registered Outside Court's Territorial Limits: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court, while hearing a plea seeking anticipatory bail under section 438 CrPC, has ruled that it has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code. The Single bench of Justice Sanjay Dhar held so in...
The Jammu and Kashmir and Ladakh High Court, while hearing a plea seeking anticipatory bail under section 438 CrPC, has ruled that it has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code.
The Single bench of Justice Sanjay Dhar held so in line with the decision of the Court in Mohan Singh Parihar v Commission of Police & Ors. where it was had that:
"High Court will exercise its powers under the Code throughout the territory of the State of Jammu and Kashmir, the Sessions Judge and other Magistrates will exercise their powers within their defined areas in the territory of the State. It further follows that none of these Courts shall exercise any power conferred on it, including the power to grant anticipatory bail under Section 497-A,( which is in pari materia with Section 438 of the Central Cr. P. C) at any place outside the territorial limits of the State of Jammu and Kashmir"
In the present case, the petitioners were seeking anticipatory bail in an FIR which is lodged in Madhya Pradesh, much beyond the jurisdiction of the High Court. The complaint, on the basis of which the FIR was registered, was filed by a woman alleging the commission of offences under Section 498A of the IPC by the petitioners, who are her husband and in-laws.
The moot question before the court was as to whether the High Court can invoke its powers under section 438 CrPC and enlarge a person on anticipatory bail in cases falling way beyond its jurisdiction.
Answering the question, the bench observed that Court does not have jurisdiction to entertain and decide the bail application which relates to an FIR that has been registered beyond its local limits, even though the accused/ petitioner may be residing within its jurisdiction.
While dismissing the plea, the court further observed that the petitioners in the instant case are not seeking transit bail but are seeking bail in anticipation of their arrest on a permanent basis regarding which this Court lacks jurisdiction in view of the ratio laid down in the aforequoted judgment.
Case Title: NASIR AHMAD WANI & ORS. Vs. POLICE STATION NEEMUCH & ORS.
Citation : 2022 LiveLaw (JK) 39