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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 ..... gments 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 case being C.R.M. No. 429/97 under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 Prosecutor has seriously objected to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or 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. Section 438 of the Code reads ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 exercise of power/under section 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 may not have any power to ask the investigating agency of the othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 of anticipatory bail unnecessarily intrudes into the sphere of investigatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 would not only be retrograded but also de hors the intention of the legislation. It has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 2 of 1974 applicable to such cases and bring the position on a par with that enjoined under section 81 of the said Code. The other relevant provision in this c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt 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 case, the warrant issued having been found to be not sufficiently definite the accused was directed to be released and in the Calcutta case it was observed that While the executing Magistrate is not c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 agree with the same. Mr. Ghosh next referred to the fact that earlier, in the case instituted by Sri Paul Oswal, Director of the company against the present accused-petitioner, substantially on the same facts, when a warrant of arrest was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ala 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 and convincing and therefore, we hereby agree to the views of the Full Bench decision in Syed Zafrul Hassan case rather than the views taken in the case of T. Madhusudan v. Superintendent of Police and anr. similarly, we are unable to agree with the view of the Divi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 are unable to agree with the views of the learned single Judge inasmuch as we are inclined more to accept the views of the Full Bench decision of the Patna High Court. 27. The concept of the anticipatory ball had however been crept in the new code of Criminal Proced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 of the applicant does not find place. But we are not aware as to the contents of the FIR lodged by B.C.Kohll. Therefore, in the above situation we are not inclined to exercise our Jurisdiction under section 438. 29. Accordingly, the application has been rejected. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue 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 contemplated under section 156 of the Code of Criminal Procedure unless the same is in respect of an offence in respect of which the police station concerned has jurisdiction. 33. Section 2 of the Criminal Procedure Code, 1973 which con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the person who is arrested, before the Judicial Magistrate having Jurisdiction in the other State or Onion territory. Any order under section 438 of the Code by this court, other than the limited Jurisdiction for the transitional period, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 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 offence punishable with death, imprisonment for life or 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 its case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 to custody, remain in prison for some days and then apply for bail. 40. The broad purpose of section 438 is to make provision so that a person accused of the commission of a non-bailable offence and facing the possibili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tunity 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 provision which is concerned with the personal liberty of the individual, who is entitled to the benefit of the presumption of innocence since he is not, on the date of his application for anticipatory bail, convicted of the off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 two factors combine. Both these factors are also jurlsdtctlonal factors in the sense that they determine the court in which an application under section 438 can be filed. Ordinarily the place where the accusation of the commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 the constitution is that the person arrested and detained in custody in connection with any offence or criminal case that might have been committed or registered even elsewhere will have to be produced before the nearest Magistrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 order the accused to be forwarded before a Magistrate having such jurisdiction. This provision also clearly shows that the nearest Magistrate before whom an arrested person has to be produced in compliance with the mandate of Artic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 is required by law to produce such person. Therefore the person arrested will have to be produced before the nearest Magistrate as required by Article 22(2) of the Constitution, irrespective of the question that the warrant of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 with or without the collaboration of the local police, may however insplte of lack of territorial jurisdiction lawfully come to arrest the accused within the local Jurisdiction of another High Court but such High Court will have to keep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 aspects as discussed above elaborately did not receive necessary attention and consideration and it was held that the power to grant anticipatory ball under section 438 vests only in the court of session or the High Court having Jurisd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether 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 crimes were committed within the territorial limits of the State of Assam under the Jurisdiction of Cauhati High Court and it was contended that only the courts of session in Assam and the Gauhati High Court had Jurisdiction to ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 Abdulsamad Shaikh v. State of Maharashtra 1996 C.Cr.LR(SC) 130 1996(1)Sec 667-IT 1995(9) SC 165 an order of anticipatory ball ts now required to be of limited duration. Even apart from that decision it la also highly desirable in the intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 person concerned should or should not be granted regular ball. If however the person concerned is arrested in connection with that case before the expiry of the life of the order of anticipatory ball of limited duration and before he sur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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