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2021 (12) TMI 1445 - HC - Indian LawsSeeking grant of anticipatory transit bail - offences punishable under Sections 66(C)/66(D) of the IT Act, 2000 which are contended to be bailable in terms of Section 77B of the IT Act, 2000 - HELD THAT - Without any observations on the merits or demerits of the contentions that may be raised by the petitioners qua the grant of bail in relation to the allegations levelled in the FIR in question, taking into account the factum that the FIR No.435/2021, PS Model Town Panipat, Haryana apparently emanates from a matrimonial discord in relation to which the averments made in the petition indicate to the effect that there were mediation proceedings also pending and that the complainant and family members of the complainant are stated to be on interim protection till 04.12.2021 - it is considered appropriate that the applicants be not arrested till the date 06.12.2021 by which date they may move the requisite applications before the Court concerned subject to the conditions to the effect that they shall join the investigation of the case in relation to FIR No.435/2021, PS Model Town, Panipat, Haryana, shall keep their mobile phones on at all times and shall drop their PIN on the google map to ensure that their locations are available to the Investigating Officer. The application is disposed of accordingly.
Issues:
Grant of anticipatory transit bail in relation to FIR, Jurisdiction of the court to hear the application, Observations made in the impugned order, Set aside of observations made by the ASJ-02, West, Merits of the contentions raised by the petitioners, Conditions for not arresting the applicants. Grant of Anticipatory Transit Bail: The applicant sought anticipatory transit bail in relation to FIR No.435/2021, PS Model Town Panipat, Haryana under Sections 66(C)/66(D) of the IT Act, 2000 and Sections 406/420 of the Indian Penal Code, 1860. The petitioners contended that the FIR initially related to bailable offenses under the IT Act, 2000 and non-bailable offenses under the IPC, 1860. The State of NCT of Delhi submitted that two days of transit anticipatory bail would meet the ends of justice. Jurisdiction of the Court: The court dismissed the application on the ground of lack of territorial jurisdiction as the matter pertained to PS Model Town, Panipat, Haryana. However, the High Court cited various precedents to establish that there is no restriction on the jurisdiction of the High Court or Court of Sessions in granting transit anticipatory bail, even if the FIR is registered in another jurisdiction. Observations in the Impugned Order: The observations made by the ASJ-02, West in the impugned order dated 30.11.2021 were set aside by the High Court. The High Court highlighted that the observations were not in line with the law laid down in various judgments, emphasizing the court's jurisdiction to grant transit anticipatory bail. Set Aside of ASJ-02, West's Observations: The High Court set aside the observations made by the ASJ-02, West in the impugned order. The Court did not delve into the merits or demerits of the contentions raised by the petitioners regarding bail but considered it appropriate to prevent the arrest of the applicants until 06.12.2021, allowing them to move the requisite applications before the concerned Court. Merits of the Contentions Raised: The High Court refrained from commenting on the merits of the contentions raised by the petitioners concerning bail. The Court noted that the FIR stemmed from a matrimonial discord, indicating ongoing mediation proceedings and interim protection granted to the complainant and family members in a related case. Conditions for Not Arresting the Applicants: The Court directed that the applicants should not be arrested until 06.12.2021. The applicants were required to join the investigation, keep their mobile phones on at all times, and drop their PIN on the google map to ensure their locations are available to the Investigating Officer. The application was disposed of accordingly, with a copy of the order sent to the learned ASJ-02, West, Delhi.
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