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TMI Blog1981 (7) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction of this High Court. With regard to the merits, the learned Public Prosecutor states that besides the copies of the applications which have been served on him he has no other materials before him and as such he is very much handicapped inv making his submissions with regard to the merits of the cases. Mr. Dutta who appears in the case of Binod Ranjan Sinha and in the case of Gurdev Singh and others submits, that Section 438 of the Cr. p. C. has not, in any way, restricted the jurisdiction of this Court to entertain applications in matters where criminal cases have been instituted against the petitioners in Courts outside the jurisdiction of this Court. Mr. Dutta contends that Sections 1'6, 80 and 81 confer power on a Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at if an application for anticipatory bail is made to the High Court or the Court of Session it must apply its own mind to the question and decide whether the case has been made out for granting such relief. Mr. Dutta in support of his contention that this Court is quite within the jurisdiction to entertain the present applications submits that in a number of cases this Court from time to time has entertained such applications and has granted anticipatory bail. Mr. Dutta first refers to us the decision in Criminal Misc. Case No. 2680 of 1975 (Binode Kr. Chameria v. State of West Bengal). In this case, on behalf of the learned D. L- R- an objection was taken that the Court had no jurisdiction to grant anticipatory bail in a case which arises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he contentions were negatived and their Lordships held that the petitioner gave his residential address within the jurisdiction of this Court and as such this Court had jurisdiction to entertain the applications. 2. Mr. S. Mukherjee, learned Public Prosecutor, in the first place, refers to Section 438 Clause (1) of the Code. It has been provided that any person...may apply to the High Court or to the Court of Session. With much emphasis, Mr. Mukherjee contends that the High Court or the Court of Session means only one High Court or one Court of Session and not any High Court Or any Court of Session. The use of the article 'the' before High Court and before Court of Session can have only one meaning namely, that the applicant is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court cannot ask for necessary instructions from police officers who are attached to a police station outside the jurisdiction of the High Court and in the absence of such instructions it is almost impossible for the Public Prosecutor to make any submission with regard to the merits and the Court has also to pass an order, simply, considering the submissions made in the application filed by the petitioner. There is some substance in the submission made by Mr. Mukherjee. But, we are of the opinion that an order for anticipatory bail can be granted without making for necessary instructions in appropriate cases. But where the Court feels that before allowing an application for anticipatory bail, relevant papers are required to be perused, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applications. 6. In re; Binod Ranjan Sinha alias B. R. Sinha v. State; After hearing the learned Advocate for the petitioner and the learned public Prosecutor and considering the statements made in the application and the facts and circumstances of the case, we direct that in the event of the petitioner being arrested in connection with the Case No. JC/2/463/II Under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 pending before the Second Court of the Judicial Magistrate, Jamshedpur, Bihar, he will be produced before the learned Magistrate within whose jurisdiction he is arrested and the learned Magistrate will release him on bail on condition that within two weeks of such release, he would surrender him ..... X X X X Extracts X X X X X X X X Extracts X X X X
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