9911796707
TMI Blog1982 (11) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... ora, New Delhi, The petitioner is a resident of village Bajarni, Tehsil Doda, a place within, the territorial limits of the State of Jammu and Kashmir. He has filed the present petition in this court for granting the anticipatory bail in exercise of its powers Under Section 497-A. An objection has been taken on behalf of the State that this 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. The objection is, in my opinion, well founded and must succeed. Section 497-A is, for the sake of convenience, reproduced as below: 497-A, Direction for grant of bail to person apprehending arrest. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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). 3. In order to determine its true intent and scope, Section 497-A has to be read with a few other sections of the Code. Section 6 enumerates the classes of criminal courts. These are: (i) High Court; (ii) Courts constituted under a Special Act; (iii) Courts of Sessions; and (iv) Courts of Magistrates, Section on further classifies the courts of Magistrates into courts of Judicial Magistrates, namely, Chief Judicial Magistrate, Judicial Magistrates of the First Class, Judicial Magistrates of the Second Class, and Special Judicial Magistrates and Executive Magist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ession, or by any other Court by which such offence is shown to be triable in the 8th Column of the Second Schedule. From a careful reading of this section it clearly transpires that whereas the jurisdiction of every other criminal Court to try an offence is restricted by the 8th Column of the Second Schedule, the jurisdiction of the High Court and the Court of Session is not so limited and these Courts are competent to try all offences, provided the cases are properly brought to these Courts for their trial. High Court has been defined by Clause (f) of Section 4 to mean the highest Court of criminal appeal and revision in the Jammu and Kashmir State. 4. A combined reading of these sections would thus indicate that whereas the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the High Court of Jammu and Kashmir may have to watch as a helpless spectator its order granting anticipatory bail to the accused in that case being disregarded by the Officer-in-charge of the police station. Such cannot be the true intent and scope of Section 497-A. 6. The same conclusion is bound to follow, if the problem is approached from another angle. Section 496 of the Code provides that a person accused of a bailable offence shall be released on bail when he is arrested by the police, or appears or is brought before a Court, provided he is prepared to give bail. Section 497 which deals with non-bailable offences, provides that a person accused of a non-bailable offence, other than the one punishable with death or imprisonme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... released on bail if he is prepared to and does furnish bail, and every person released on bail under this section shall be deemed to be so released under the provisions of Chapter XXXIX for the purpose of that Chapter; (b) No Magistrate shall authorise detention in any custody under this section unless the accused is produced before him: (c) No Magistrate of the second class not specially empowered in this behalf by the Government or the High Court, as the case may be, shall authorise detention in the custody of the police. 7. On its plain language, where further detention of the accused in police custody is not considered necessary by the Magistrate before whom the accused is produced for remand, he shall not release him on bail, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the Calcutta High Court, the petitioners had sought anticipatory bail not in cases registered with police stations outside the local limits of the jurisdiction of the High Court, but in cases pending before different Courts situated outside the local limits of its jurisdiction. Deriving support from the principle laid down by their Lordships in Gurbaksh Singh Sibbia v. State of Punjab AIR 1980 SC 1632 : 1980 Cri LJ 1125, that powers of the High Court or the Court of Session to grant anticipatory bail under Section 438 were not circumscribed by the limitations contained in Section 437 of the Central Code (497 of the Code), the Bench held that anticipatory bail could be granted to a person under Section 438, even if the offence for which th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
