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TMI Blog1983 (8) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioners had applied for anticipatory bail before the Additional Sessions Judge, Delhi, who vide his order dt. May 10. 1983. granted bail. subject to the condition that they would get the bail confirmed from the Court of competent jurisdiction within one month from that day. Thereafter the present petition was filed in this Court. 2. During arguments, question arose, whether this Court is competent to grant anticipatory bail to the petitioners against whom a case has been registered at Madras at the instance of M/s. Tractor and Farm Equipment Ltd, Madras. The brief facts of that case according to a copy of the complaint filed with the return, are that 19 tractors were sent by respondent No. 3 to M/s. National Agriculture and Tractors C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirm the same within the purview of Section 438 of the Code. Moreover, in that case, the facts and circumstances of the case were taken into consideration by the Court and it was held that the Court had the jurisdiction to grant bail. 4. The learned Counsel for the petitioners has also cited B. R. Sinha v. The State. where the Calcutta High Court has discussed this point in detail and has held that the High Court has jurisdiction to entertain an application for anticipatory bail to a petitioner who resides within the jurisdiction of the High Court though he apprehends arrest in connection with a case which has been started outside the jurisdiction of the said Court. With great respect to the learned Judges. I beg to differ from the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the case may be. and forward the bond, to the Court which issued the warrant: Provided further that if the offence is a non-bailable one. it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of Section 437(1). or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in Sub-section (2) of Section 78. to release such person on bail. This shows that the Court in whose jurisdiction the warrant is to be executed, can refer to the information and documents supplied by the Court issuing the warrant and then to decide, whether in a non-bailable offence, an accused should or should not be granted bail. The Legislature has made a specific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urisdiction of the High Court or the Court of Session where he intends to apply for anticipatory bail. The Question is whether the offence has been committed within the jurisdiction of that High Court or the Court of Session. 8. If a High Court or a Court of Session entertains such applications, a practical difficulty is likely to arise. There will be no material before the Court on the basis of which it can be said as to whether the petitioner is entitled to anticipatory bail or not, 9. In both Pritam Singh's case 1980 Cri LJ 1173(Delhi) and Sinha's case (supra), reliance has been placed upon Gurbaksh Singh v. State of Puniab 1980 CriLJ 1125 to show that no fetter like Jurisdiction was laid before the High Court to grant anti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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