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TMI Blog1998 (7) TMI 723X X X X Extracts X X X X X X X X Extracts X X X X ..... his High Court in two Division Bench Judgments and also by a Full Bench Judgment of the Patna High Court. Therefore, they referred to a larger Bench since the view of the Hon'ble Judges was not uniform. 2. The factual matrix giving rise to the application for anticipatory ball in C.R.M. 152 of 1998 deserves brief narration. 3. The petitioner herein is a business man in an Iron Factory having its branch outside this state and he has been dealing with business as Iron Merchant. On 12th September, 1997 at about 2-30 P.M. In the afternoon, few persons visited the residence of the petitioner while he was away in his business activities, disclosing themselves being Police Official and they required the petitioner's attendance in connection with a Criminal Case. Subsequently, the petitioner ascertained the reasons as to why those persons required his presence. Thereupon the petitioner went to Allahabad and got a copy of FIR lodged by one B.C. Kohli, Senior Manager. Punjab and Slnd Bank, Allahabad Branch with the assistance of a local advocate. it has been, inter alta, stated that a Bank Draft which was presented for encashment at the said branch was forged and that is why, the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Division Bench Judgment reported in 1975 Criminal Law Journal, 1249 in the case of Govlnd Prasad v. State of West Bengal and also in the case of Vtnod Ranjan. Stnha v Gurudev Slngh (1981(II) CHN) 44 held that the court is competent to pass an order of aji anticipatory bail to a person residing within its territorial Jurisdiction in respect of offences alleged to have been committed outside such jurisdiction. Therefore, in view of the above observation, many applications for anticipatory ball have been filed by different petitioners. Therefore, those applications have been placed for consideration and for appropriate orders by this court. 6. Mr. Banerjee has further pointed out that the court should not close its eyes to the reality because in large number of cases, false and vexfous allegations are made only to harass the applicants who reside outside the Jurisdiction of the court within which the alleged offence stated to have taken place. Therefore, keeping in view of the above exigencies in mind, the court should advert to the situation in appropriate case and mitigate the miseries, harassment and torture meted to the applicants. 7. Mr. Salfullah, the learned Public Prosecuto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is legally impermissible for a court to assume jurisdiction and pass order which lacked such territorial Jurisdiction. 9. We find in some other states, by state amendment, the Jurisdiction of the High Court as well as the Court of Sessions for grant of an anticipatory bail has been taken away. In case, any offence alleged to have been committed in those State, and an anticipatory bail application are entertained in any State other than where the offence was allegedly committed, then. it would lead to a disastrous consequence. Therefore, the court while passing such order should be careful and circumspect in entertaining the application for anticipatory ball on the ground of domlcllty or temporary residence. The concept of territorial or geographical limit are inherent in the justice system, particularly, in the sphere of jurisprudence, these aspects can be noticed from the provision of Article 214. "There shall be High Court for each State" 10. Therefore, from the above provision it throws abandunt light the High Court of each State shall exercise all its powers within the State without encroaching upon or interfering with the Jurisdiction of the other High Courts. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person submitted an application for anticipatory bail, but by such application it would not detract the investigating officer to apprehend the person so desired or to detain such person in custody by an officer-in-charge of Police Station. Therefore, in our view, when there is a provision. In the section, which does not preclude the offlceMn-charge of the Police Station to proceed with further investigation of the case or to detain a person in Police custody, even after filing of such anticipatory bail application in the court, there appears to have no further necessity of such amendment for concluding the anticipatory ball application within thirty days. 12. Section 438 is placed betweet section 437 and 439 of the Code. Section 437 provides for grant of ball by the Magistrate exercising territorial jurisdiction in non-bailable offence. Similarly, the section 439 empowers the High Court as well as Court of Sessions regarding granting ball in non-bailable offence. As a matter of fact, the High Court and the Court of Sessions having Jurisdiction over the area of commission of the crime are vested with the powers to entertain application for ball under section 439. The manner of exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion throws sufficient light that offence which is required to be tried in a court having geographical Jurisdiction and not at any other place. Even assuming a person accused of an offence was apprehended at a place away from the place of incident, he should be brought back before the court having Jurisdiction to try the same. Thus, it should be borne in mind that there could be no presumption that the person seeking an anticipatory ball can carry Jurisdiction with him to the place where he preferred to stay. Thus, we are of the firm view that on wider principle that the Criminal Courts having territorial jurisdiction either to hold enquiry or trial of the offence can seige Jurisdiction equally for anticipatory ball. The Public Prosecutor has invited our attention to the second proviso of section 438 of the Code which reads as follows : "Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for a term of not less than seven years, no final order shall be made on such application without giving the State not less than seven days notice to present Us case." 17. Therefore, he has indicated in view of the amendment that he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isnomer, because what the section contemplates is not anticipatory ball, but merely an order releasing an accused on bail in the event of his arrest it is manifest that there can be no question of ball, unless a person is under detention or custody. In these circumstances therefore, there can be no question of a person being released on ball if he has not been arrested or places in police custody. Section 438 of the Code expressly prescribes that any order passed under that section would be effective only after the accused has been arrested. The object which is sought to be achieved by section 438 of the Code is that the moment a person is arrested. If he has already obtained an order from the Sessions Judge or the High Court, he would be released immediately without having to undergo the regours of jail even for a few days which would necessarily be taken up if he has to apply for bail after arrest." 20. In a recent Judgment reported in Judgment Today 1997(7) SC651 in the case of State Rep. by the C.B.I- v. Anil Sharma has however held that the underling principle for consideration of application for anticipatory bail is different from regular bail. In some cases, the grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate orders be passed thereon. We request the Chief Justice of High Court of Guwahati to allot these cases to a Division Bench to hear the applications, preferably on 4.11.1997." (underline supplied for emphasis) In order to avoid conflicting decisions and opinions, we think it necessary that all future petitions for anticipatory ball made by any one in common or related matters referring to such activities committed within the territorial limits of Guwahati High Court shall be heard only by the same Division Bench, we further direct that no such application for anticipatory ball shall be entertained by any court other than the Division Bench of the High Court of Guwahati indicated above." (underline supplied for emphasis) 22. In Govind Prasad's case the Division Bench of this court has quite reasonably come to the conclusion that the Magistrate before whom the accused is produced after arrest has power either to grant or refuse ball under the new Code as the Magistrate has Jurisdiction over the place of arrest to pass an order for granting or refusing ball. The relevant provisions of the new Code for ball are wide enough and any narrow interpretation thereof wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uced before the nearest Magistrate is particularly desirable in the case of arrest otherwise than under a warrant issued by the court, for it ensures the Immediate application of a Judicial mind to the legal authority of the person making the arrest and the regularity of the procedure adopted by him." We respectfully agree and apply the same to the facts of the present case. The position is only made clearer by the provisions relating to arrest without warrant. A reference fn this context may also be made to the case of Nagendra ILR 51 Cat 402 = (25 Cri LJ 732) which is a case under the old Act and also the relevant provisions of sections 436(1) and 437(1) corresponding to sections 496 and 497 of the old Code Dr. Durgadas Basu in his commentaries on the New Code of Criminal Procedure has observed that "the safeguard embodied in sections 56-57 was embodied by the makers of our Constitution in Article 22(2) in order to guarantee it against legislative encroachment with liberalisation on Important points." We agree with the same and we hold that the words 'subject to the provisions herein contained as to ball" clearly make the provision of Chapter XXXIII of Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... custody to the Magistrate issuing the warrant before he can claim to be released on ball... this results in considerable hardship and inconvenience to persons arrested far away from court issuing the warrant of arrest. To remove such hardship and inconvenience, the Committee has amended these clauses conferring power on the Magistrate having Jurisdiction over the place of arrest to release the person on ball (new 2nd proviso to section 81(1), subject to the other provisions of the Code relating to ball (section 437). To enable such Magistrate to consider whether ball should be granted. it has further been provided (section 76(2) ... that the Magistrate issuing a warrant a should also forward along with the warrant the substance of the information together with relevant documents". Even under the old Code where the relevant provisions are prlma facie more circumscribed, the courts interpreted the words "appear to be the person intended by the court" more expansively and a reference in this context may be made to the case of in Re: Sagarmal Khemraj, (42 Crl LJ 205) and Kham Chand Tarachand Samtani v. The State (1970) 74 Cal WN 753 = (1971 Crl LJ 149). In the Bombay ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 497 of the Code of Criminal Procedure, 1898 means the court which has jurisdiction to try the cases for the offence alleged to have been committed by him. Apart from the fact that the context is different, it should not be overlooked that the observations are made on the basis of the provisions of the old Code and the same is markedly different from the wider provisions of the new Code of 1973. Mr. Prasun Chandra Ghosh, Advocate, appearing on behalf of the accused-petitioner, however, referred to the case of State of Punjab v. AJatb Slngh. reported in 1953CriLJ180 and relied on the observations made by Mr. Justice S. R. Das at p. 15 that "there can be no manner of doubt that arrests without warrants issued by a court call for greater protection than do arrests under such warrants. The provisions that the arrests persons should within 24 hours be produced before the nearest Magistrate is particularly desirable in the case of arrest otherwise than under a warrant issued by the court, for it ensures the immediate application of a judicial mind to the legal authority of the person making the arrest and the regularity of the procedure adopted by him." We respectfully ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant ball, is not sustalnable and the same accordingly fails." 23. Mr. Banerjee has placed reliance on the Judgment reported in 1992 Crl. LJ p. 3442 in the case of T. Madhusudan v. Superintendent of Police and another which has been held as under by Kerala High Court : "As regards grant of anticipatory bail the place where a person apprehends arrest is a sure test for determining jurisdiction of 'the' High Court or 'the' Court of Session as they case may be. if the applicant can satisfy the court that his apprehension (that he would be arrested at a place within the territorial limits of a particular court) is based on reasonable grounds, the High Court of the Sessions Court having Jurisdiction over that place has authority to exercise powers under section 438 of Cr. PC A person can be arrested at any place whether that a place is within or outside the place where the offence has been committed. if release from arrest is necessary, the place where arrest is made has some significance for such release." 24. But the reasonings of the Full Bench decision of the Patna High Court in the case of Syed Zafrul Hassan v. State appears to be more reasonable a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be a relevant factor to fix Jurisdiction for grant of anticipatory ball. When section 438 postulates freedom from arrest, it is the place of arrest and the commission of offence for which arrest is made that should provide the answer to Identify the court which can grant relief. Accordingly, the High Court of the State within which the offence is committed or the arrest is sought to be made can grant anticipatory ball under section 438 but while in the former case the ball will ensure also to arrest made beyond the State, in the latter case the High Court will have to restrict the relief of anticipatory ball to arrests made within that State. The mere residence of the offender within the State will not by itself give jurisdiction to the High Court of that State to grant anticipatory ball under section 438." 26. In Karnataka High Court by a single Bench decision reported in 1984 Crl.LJ 757 in the case of L. R. Naidu v. State of Karnataka has no doubt held that place of offence is not material while considering the prayer for ball and he can move before the court where he ordinarily resides even though the offence was committed outside the Jurisdiction of that court but we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inal Procedure. The exercise of Jurisdiction of anticipatory ball by any other court namely the High Court or the Court of Sessions beyond the local limits of the Jurisdiction is limited to the extent of consideration of a ball for the transitional period but it has no jurisdiction to transgress into the limits of the local Jurisdiction of the court within which offence is alleged to have been committed. With the above observation, the reference of the Division Bench has been answered. 28. We carefully consider the merit of the application filed by the applicant Sallesh Jalswal. It is true that in the Charge-sheet the name of the applicant does not find place. But we are not in a position to know as to the contents of the FIR lodged by B. C. Kohll, The applicant was said to have obtained information through an advocate from Allahabad. We failed to understand as to why he did not prefer to file an application for grant of bail within the jurisdiction of Allahabad Court where the offence was allegedly committed. Therefore, in the above situation, we carefully considered the merit of the application filed by the appellant Sailesh Jalswal. it is true that in the Charge-Sheet the name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at any time while in custody of such officer to give ball, he shall be released on ball; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the court under sub-section(1)." -- gives Impression that a resident within the territorial Jurisdiction of any Court of Sessions and of the High Court apprehending arrest can make application for anticipatory ball. That, however, does not appear to be the intention of the legislature. A mentioning of the Court of Sessions and the High Court in section 438 of the Code cannot be read as any Court of Sessions or any High Court whether having Jurisdiction or not having Jurisdiction. 32. An application for ball in anticipation of arrest can be sought for only in non-bailable offences. Accusation of non-bailable offence must then be found in a case that is registered for investigation by the Officer-in-charge of a police station or under the orders of any superior officer by the Offlcer- in-charge of a police station having territorial jurisdiction. No case can be registered by the police as c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isdiction over the Sessions Judge. Judicial Magistrate within whose Jurisdiction the Police Station at which the case is registered for investigation falls. 35. B. Panigrahi. J. has taken pains to examine various aspects of the matter and he is not off the mark when he says that the order to release on ball under section 438 of the Code would be effective when the person who is granted such ball, is arrested. A person who is arrested in connection with a case within the local Jurisdiction of a Magistrate, the Sessions Court and the High Court of some other State, that is at a place outside the territorial jurisdiction of the Calcutta High Court, at some place within the territory of the State of West Bengal and or Andaman and Ntcobar islands, he, under the scheme of law, shall be produced before the nearest competent Magistrate who shall order for either ball on conditions as contemplated under various provisions of the Code an on the condition that he shall appear before the Magistrate having jurisdiction over the Police Station at which the case, in connection with which he has been arrested, is registered or accept custody and continue the same for the purpose of production of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son to believe that he may be arrested in connection with a non-bailable offence may grant anticipatory ball although the FIR might have been registered at a place outside the territorial Jurisdiction of such High Court. 38. Section 438 Cr.PC as tt now sands amended by the West Bengal Amendment Act, 1990 runs thus: "438, (1)(a) When any person who has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail : Provided that the mere fact that a person has applied to the High Court or the Court of Session for a direction under this section shall not, in the absence of any order by that court, be a bar to the apprehension of such person, or the detention of such person in custody, by an officer- in-charge of a Police Station. (b) The High Court or the Court of Session, as the case may be, shall dispose of an application for a direction under this sub-section within thirty days of the date of such application : provided that where the apprehended accusation relates to an offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... engal to the original provisions of the Central enactment in sub-section (2) and sub-section (3). 39. As regards the desirability of introducing a provision in the Code for anticipatory ball the Law Commission in its 41st Report observed : "39.9. The suggestion for directing the release of a person on ball prior to his arrest (commonly known as anticipatory ball) was carefully considered by us. Though, there is conflict of Judicial opinion about the power of a court to grant anticipatory bail, the majority view is that there is no such power under the existing provisions of the Code. The necessity for granting anticipatory ball arises mainly because sometimes influential persons try to Implicate their rivals in false cases for the purpose of disgracing them or for other purposes by getting them detained in Jail for some days. In recent times, with the accentuation of political rivalry, this tendency is showing signs of steady increase. Apart from false cases, where there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty, while on bail, there seems no justification to require him first to submit t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e frustrated in such a case by reason of difficulties and delay necessarily involved in making approach to a different High Court from the place or State of his stay or residence. In my considered view the right and the opportunity to approach court for obtaining the benefit of section 438 should not be confined only within the territorial Jurisdiction of the High Court or the court of session covering the place where the criminal case has been started, firstly because the language of section 438 does not at all warrant any such restrictive interpretation and secondly because that will partially run counter to the purpose for which the said section has been enacted. The following observation of the Supreme Court in Gurbaksh Singh v. State of Punjab, 1980 CriLJ 1125 deserves attention in this connection :-- "26. We find a great deal of substance in Mr. Tarkunde's submission that since denial of ball amounts to deprivation of personal liberty, the court should lean against the Imposition of unnecessary restrictions on the scope of section 438, especially when no such restrictions have been imposed by the legislature in the terms of that section. Section 438 is a procedural ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication for anticipatory ball there. That is definitely not a desirable consequence, if the existence of section 438 in the stature-book is considered Justified and desirable. The question whether anticipatory ball should be at all granted in a particular case is however entirely a different matter, and that aspect of the matter should not be mixed up with the matter now under our consideration regarding in jurisdiction of the court to entertain an application for anticipatory bail. 41. One of the two factors which, when combined together, entitle a person to seek shelter under section 438 is that he must be under a reasonable apprehension of being arrested. The other factor is that such reasonable apprehension of arrest must arise on an accusation of having committed a non-bailable offence. There two factors combined together give rise to an occasion for the person concerned to lake recourse to section 438. At the individual level section 438 thus comes into play when (1) there is an accusation of the commission of a non-bailable offence, and (2) there is a reasonable apprehension of arrest in that connection. Section 438 can be pressed into service by a person only when these tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail--deny Jurisdiction to the court within the territorial jurisdiction of which the accused is haunted by a reasonable apprehension of suffering arrest within that jurisdiction. 42. In order to get the true perspective of the matter on the anvil of which the question may have to be tested we may take notice of certain provisions of law having some bearing on the question. At the very outset we may refer to Article 22(2) of the Constitution which runs thus :-- "22(2). Every person who is arrested and detained is custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate." 43. Here the requirement of the Article 22(2) that the person arrested must be produced before the nearest Magistrate within a particular time is definitely not tethered to the test of terrltoriallty with reference to the place of commission of the offence or the place where the connected criminal case might have been registered. The mandate of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject as aforesaid, be exerclsable by an Executive Magistrate. Since the very purpose of production of an arrested person before a Magistrate in compliance with the Article 22(2) is to place the arrested person at the disposal of the Magistrate requiring the Magistrate to consider and decide whether he should be directed to be detained in custody and if so, in whose custody or to be produced before any other court or whether he should be released on bail or otherwise, the requirement of the said Article 22(2) can be satisfied by producing him before a Judicial Magistrate and not an Executive Magistrate unless statutorily empowered. Section 167 Cr.PC also contemplates and requires production of the arrested person (whether arrested with warrant or without warrant) before the nearest Judicial Magistrate and empowers such Judicial Magistrate, whether he has or has not Jurisdiction to try the case, to authorise the detention of the accused in proper custody for a term not exceeding fifteen days in the whole, and if such Magistrate has no jurisdiction to try the case or commit it for trial, he may o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officer has the power to pursue an offender even outside his territorial Jurisdiction and arrest him there without warrant. He is then required by section 57 Cr.PC as well as by Article 22(2) to produce the arrested person before the nearest Magistrate under section 167 and if further detention of the arrested person beyond 24 hours excluding Journey time is necessary such detention must be authorised by the order of the Magistrate under section 167, no matter whether such nearest Magistrate has the territorial jurisdiction to try the case or not. Evidently all these provisions are infested with the insignia of slackening of the rigours of the theory of terrltortality. Extraterritoriality is therefore not an unknown or unusual phenomenon in the realm of the procedure of criminal justice. Similarly a warrant of arrest Issued by a court may. In view of section 77 Cr.PC also be executed at any place in India, that is, even outside the territorial Jurisdiction of the court issuing the warrant Section 76 provides that a police officer arresting a person in execution of a warrant shall produce the arrested person within 24 hours, excluding journey time, before the court before which he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... different court exercising territorial Jurisdiction elsewhere and having seisin over the case. Again a police officer, as we have seen, may arrest an accused anywhere in India without warrant in which case also he has to produce the arrested person before the nearest Magistrate although the concerned case might have been pending elsewhere outside the territorial Jurisdiction of such 'nearest Magistrate' and in that case it will be then for the 'nearest Magistrate' to pass order authorising or disallowing further detention or for release on bail or otherwise or for production before the appropriate court. Extra-terrltorlallty writ large and galore thus. Now see, a person is apprehending arrest at the place of his normal stay in connection with a criminal investigation started on the basis of FIR lodged elsewhere in a different state. Suppose he is not allowed in the circumstances to move the local High Court for anticipatory ball under section 438 on the ground that the case in connection with which he is being sought to be arrested has been registered at a place outside the territorial jurisdiction of the local High Court. The outside Police Investigating Agency wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court within whose Jurisdiction the threat is going to be translated into reality. In such circumstance the exercise of Jurisdiction under section 438 by the local High Court,--no matter whether by granting or by rejecting the application for anticipatory ball on merits--is rather an exercise in territoriality, and such exercise of Jurisdiction is certainly not dehors the coverage of territoriality, because the applicant's apprehension effacing arrest in that locality takes place within the territorial jurisdiction of the local High Court although the threat of arrest might have originated elsewhere outside. For reasons discussed above it would further appear that the expression 'the High Court' in section 438 Indeed does not mean 'any High' Court' but obviously it includes within its fold not only the High Court having territorial Jurisdiction over the place in which the offence was committed and the FIR was lodged but also the High Court having local jurisdiction over the place where arrest in that connection is reasonably apprehended. In the Full Bench decision of the Patna High Court is Syed. Zafrul Hussan v. The State AIR 1983 Pat 194 all those as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diction for a court. Whenever an application for anticipatory ball is made before a court in the back-drop of an FIR lodged elsewhere outside the territorial jurisdiction of that court, definitely the court will have to consider whether the petitioner is a regular or bona fide resident of a place within the local limits of that court and really stays within its territorial jurisdiction or whether his claimed stay within that Jurisdiction is merely transitory, if not Illusory or is a camouflage or is merely a fugitive's exercise to evade the process of law. If the court is not satisfied in favour of the petitioner on those aspects of the matter or if it finds or it appears to the court that the application filed before it is not a bona fide application, it will reject the same on that ground without going into the merits of the matter. 45. I have already mentioned that the apex court has no decision on the point which we are now called upon to decide. In State of Assam v. R.K. Krishna Kumar, AIR 1988 SC 144 the question was however raised before the apex court whether the Bombay High Court had jurisdiction to entertain an application for anticipatory ball because the alleged cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d decision in Copt. Satish Sharma v. Delhi Administration (supra) the Division Bench of the Delhi High Court has also, after elaborate decision, recorded its inability to agree with the contrary view of the Patna High Court as expressed in its Full Bench decision in Syed Zafrul Hassan v. State (supra). I have also, for reasons already recorded, found myself unable to accept the said Patna view. There is no doubt that in such case in addition to the State in which the application for anticipatory ball has been filed the State in which the FIR has been lodged and its concerned authorities should also be made party in the application and ordinarily notice will have to be given to all such parties. But if any difficulty is faced by the court in the matter of obtaining necessary response from the other state regarding production of case diary or other papers it may ensure receipt of such response from the machinery of the other state through the instrumentality of the local State Government in this State which must also extend necessary assistance and cooperation to the court in such matter in the interests of justice. However in view of the Supreme Court decision in Salaaddin Abdulsam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... situation anticipatory ball should or should not be granted to a person, the local Magistrate certainly will not be in better position to decide the matter virtually contemporaneously more or less on the same materials. Therefore I am of the clear opinion that if a person approaches the High Court for anticipatory ball in connection with a case registered elsewhere outside its jurisdiction, the High Court will have to take a decision in the matter either rejecting or allowing anticipatory ball. If the High Court rejects anticipatory ball the matter ends there and law will take its own course thereafter. On the other hand if the High Court thinks that it should grant anticipatory ball it shall grant it for a limited duration with a direction to the person concerned to surrender in the meantime before the appropriate court located elsewhere outside its territorial Jurisdiction without Involving the court of any local Magistrate. If the person concerned accordingly surrenders before the appropriate outside court within the specified period it will be thereafter for that court to deal with the matter in accordance with law, and it will be then for that court to decide whether the perso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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