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2014 (1) TMI 1931 - HC - Indian LawsSeeking grant of anticipatory bail under Section 438 of the Code of Criminal Procedure - no territorial jurisdiction over the offences committed and registered in State of Gujarat - HELD THAT:- Full Bench of Patna High Court, in the case of Syed Zafrul Hassan [1986 (1) TMI 382 - PATNA HIGH COURT] held that Section 438 of the Code does not permit grant of anticipatory bail by any High Court or any Court of Sessions within the country; where the accused may choose to apprehend arrest and the power vests only in the Court of Sessions or High Court having jurisdiction over the locale of the commission of the offence of which the person is accused. In the case of N.K. Nayar [1985 (3) TMI 317 - BOMBAY HIGH COURT], the Division Bench of the Bombay Court has held that if the arrest is likely to be affected within the jurisdiction beyond High Court, then the concerned person may apply to the High Court for anticipatory bail even if the offence is committed in some other state. However, the Division Bench in the said case while exercising power under Section 438 of the Code, granted anticipatory bail for a period of one month so as to enable the applicants to move appropriate Court. Thus, the Division Bench of this Court has considered the gravity of pre-trial arrest and loss of liberty of an individual if a person is likely to be falsely implicated in any other state. Generally the powers of High Courts in the cases of anticipatory bail are limited to its territorial jurisdiction and the power cannot be usurp by disregarding the principle of territorial jurisdiction which is in the interest of the comity of the Courts. However, temporary relief to protect liberty and to avoid immediate arrest can be given by this Court. The transit bail granted for four weeks so as to enable the applicant to approach appropriate Court in Gujarat, on the terms and conditions imposed in the interim order dated 10th January, 2014, passed by this Court - application disposed off.
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