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TMI Blog1995 (8) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... ilway Quarter at Nagpur and he apprehends arrest at Nagpur. Therefore, according to the applicant, he is entitled to have the jurisdiction of this Court under section 438, Criminal Procedure Code exercised in his favour. The learned A.P.P. would oppose the prayer contending that the nature of the offence is such that the applicant is not entitled to the benefit under section 438, Criminal Procedure Code and he would further point out that in para 9 of the very application by the applicant itself, himself having admitted that he has moved an application under section 438, Criminal Procedure Code before the 5th Additional Sessions Judge, Bilaspur (Madhya Pradesh), which was rejected, it will not be appropriate to exercise jurisdiction under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isdiction offence is committed has got power to grant anticipatory bail under section 438, Criminal Procedure Code and the High Court where arrest is apprehended also has got jurisdiction under section 438, Criminal Procedure Code to grant anticipatory bail. What will come out of this is that the concerned accused has option to choose the forum; whether to move the Court within whose jurisdiction offence is committed or the Court within whose jurisdiction arrest is apprehended. Here the applicant has exercised his option by moving 5th Additional Sessions Judge, Bilaspur under section 438, Criminal Procedure Code, and was not successful as the 5th Additional Sessions Judge, Bilaspur, dismissed the said application. The said factor is averred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . As noticed, one has the right of option to move the High Court or Sessions Court within whose jurisdiction offence is committed or the Sessions Court or the High Court where arrest is apprehended; but once he has exercised the option to move the Court where the occurrence took place or the Court in another State where arrest is apprehended he will be bound by the option. Such restriction is necessary to maintain judicial propriety and also consistency. Undoubtedly consistency is one of the important virtues of law; and naturally judicial pronouncements should promote the said ideal. 3. The learned counsel for the applicant Shri Chatterjee then submitted that he must be granted interim anticipatory bail so that he could move the Madhya ..... X X X X Extracts X X X X X X X X Extracts X X X X
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