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Tag: CrPC 438 – Anticipatory Bail Denied

Nisar Ahmad Wani and Ors Vs Police Station Neemuch and Ors on 03 Jun 2022

Posted on June 18, 2022 by ShadesOfKnife

A single judge bench held that, it has no jurisdiction to grant anticipatory bail to the petitioner, since the FIR was registered outside the territory of the High Court.

From Para 2,

2. It is averred in the application that the petitioners happen to be the in-laws and husband of the complainant. It is stated that the marriage between petitioner No.l and the complainant has taken place in the year 2013 and out of this marriage, one son has been born. It is submitted that the respondent No.2 has lodged an FIR in Madhya Pradesh against the petitioners alleging commission of offences under Section 498-A of the Cr. P. C. It is also contended that under Section 79 of the Cr. P. C, warrants have to be executed by a police station located outside the jurisdiction of a State through the local police station and, as such, this Court has jurisdiction to entertain the present application.

Issue from Para 5,

5. In the instant case, the petitioners are seeking bail in an FIR which has been registered beyond the jurisdiction of this Court, inasmuch as the FIR has been registered in the State of Madhya Pradesh. The question that arises for consideration is whether this Court, in exercise of its powers under Section 438 of the Cr. P. C, is vested with jurisdiction to grant bail in a case that has been registered beyond its local limits of jurisdiction.

Decision from Paras 7-9,

7. On the basis of the aforequoted reasoning, the Court came to the conclusion that the High Court 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.
8. From the aforequoted enunciation of law on the subject, it is clear that this Court does not have jurisdiction to entertain and decide the bail application which relates to an FIR that has been registered beyond the local limits of this Court even though the accused/petitioner may be residing within the jurisdiction of this Court.
9. 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.

Nisar Ahmad Wani and Ors Vs Police Station Neemuch and Ors on 03 Jun 2022
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged CrPC 438 - Anticipatory Bail Denied CrPC 438 - Direction for grant of bail to person apprehending arrest CrPC 438 - Jurisdiction of High Court to grant Anticipatory Bail who is Booked in a Different State FIR Nisar Ahmad Wani and Ors Vs Police Station Neemuch and Ors | Leave a comment

Dr.S.Ariharan and Anr Vs Inspector of Police and Anr on 26 Nov 2019

Posted on April 6, 2022 by ShadesOfKnife

Justice G.R. Swaminathan held that Section 438 of Cr.PC is not the sole repository of the power to grant anticipatory bail. The High Courts are endowed with inherent powers (u/s 482 CrPC) to make such orders as to secure the ends of justice.

From Para 5,

5.The Union of India not wanting to take chances also filed Review Petition (Crl) No.228 of 2018. The same was disposed of vide judgment dated 01.10.2019 by a three Judges Bench. On a careful reading of the judgement dated 01.10.2019, one can note that the essence and soul of Dr.Subhash Kashinath Mahajan judgment has not only survived but remains intact.

From Para 11,

11.The outcome of the challenge can be one way or the other. Section 18 A of the Act can be upheld. Or it can be struck down. Even if its validity is upheld, the High Courts would still be entitled to grant anticipatory bail. The statute only excludes the applicability of Section 438 of Cr.PC. In the State of Uttar Pradesh, Section 438 of the Code has been deleted by the State amendment and the said deletion has been upheld in (1994) 3 SCC 569 (Kartar Singh vs. State of Punjab). But, that has not curtailed the extraordinary power of the High Court to entertain a plea of anticipatory bail and this power was held to be available in Hema Mishra vs. State of U.P. and Ors, (2014) 4 SCC 453).

From Para 12,

12. Section 438 of Cr.PC is not the sole repository of the power to grant anticipatory bail. The High Courts are endowed with inherent powers to make such orders as to secure the ends of justice. I hope I am not indulging in quibbling or hair-splitting when I say that neither Section 18 nor Section 18 A engraft a bar against grant of anticipatory bail. They are to the effect that the provision of Section 438 of the Code shall not apply to a case under the Atrocities Act. Even if Section 438 of Cr.PC is not available, Section 482 of Cr.PC can very much be invoked. Hence, I hold that this Court is very much possessed of the power to grant anticipatory bail even in cases arising under the Schedules Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitions can be filed under Article 226 of the Constitution of India or under Section 482 of Cr.PC.

Dr.S.Ariharan and Anr Vs Inspector of Police and Anr on 26 Nov 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/186580740/

https://www.lawyerservices.in/Dr-S-Ariharan-and-Another-Versus-The-Inspector-of-Police-Thirumangalam-Madurai-District-Crime-No-of-2019-and-Another-2019-11-26

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 438 - Anticipatory Bail CrPC 438 - Anticipatory Bail Denied CrPC 438 - Anticipatory Bail in SC/ST Atrocities Act CrPC 438 - Anticipatory Bail Not Maintainable CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court Dr.S.Ariharan and Anr Vs Inspector of Police and Anr Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Archana Deepak Jatkar Vs State of Maharashtra on 03 Mar 2021

Posted on March 11, 2021 by ShadesOfKnife

Anticipatory Bail was denied to the alleged corrupt Judicial officer by the single-judge bench of Bombay High Court

Archana Deepak Jatkar Vs State of Maharashtra on 03 Mar 2021
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Archana Deepak Jatkar Vs State of Maharashtra Corrupt Practices CrPC 438 - Anticipatory Bail Denied Judiciary Antics Prevention of Corruption Act Sec 12 Prevention of Corruption Act Sec 7 | Leave a comment

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