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TMI Blog1999 (7) TMI 714X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner was admitted in the Hospital at Moradabad. The petitioner filed an application before the Chief Judicial Magistrate for grant of bail. By the order dated 12.5.99, the Chief Judicial Magistrate granted bail to the petitioner under Section 81 Cr.P.C. with a direction to appear before the Court concerned after discharge from the hospital. On 25.6.1999, the petitioner filed a petition before this Court for grant of bail under Section 438 Cr.P.C. Thereafter the petitioner filed an amended petitioner (Crl. M. No. 4798/99) in terms of the order dated 28.6.1999 for a direction to the Court concerned to allow the petitioner to remain on bail granted by the Chief Judicial Magistrate, Moradabad. 3. The application has been opposed by the State. Learned counsel appearing for the State Contended that the present case was instituted in Delhi and the investigation started here; that it was the Delhi Police that arrested the petitioner in Moradabad without a warrant of arrest and produced him before the Chief Judicial Magistrate in accordance with Section 167 of the Code. According to the learned counsel, the petitioner was arrested without a warrant of arrest and the Chief Judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he relevant provisions of the Code of Criminal Procedure. The different provisions of Chapter V relating to arrest without warrant in other jurisdiction and of Chapter VI relating to such arrests with warrant are set down in particular order and the same when considered in the background of the provisions of Chapters XII and Chapter XXXIII clearly bring to light the intention of the legislature. Section 41 lays down in what cases a police officer may arrest a person without warrant. Section 55 prescribes the procedure to be followed in these cases when instead of making the arrest himself, the police officer, provided he is an officer in charge of a Police Station or a police officer making an investigation under Chapter XII of the Code, deputes an officer subordinate to him to do so. Section 56 requires police officer making an arrest without warrant to send such persons to the Magistrate having jurisdiction in the case of the officer in charge of the Police Station, without unnecessary delay. If the offence is a bailable one, the police itself can grant bail. In all other cases in which the offence alleged against the persons arrested is non-bailable, such persons shall be produc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ship and inconvenience to the person arrested. To remove considerable hardship and inconvenience, a provision has been made in Section 81 of the new Code conferring power on the courts having jurisdiction over the place of arrest to release the person on bail subject to the provisions of Section 437 Cr.P.C. The relevant provisions of Section 78 and Section 81 are in the following terms: 78. Warrant forwarded for execution outside jurisdiction. _ (1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided. (2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sight of the context in which Section 81 is laid and the provisions of Chapter XIII embodying the basis rule that the offence shall ordinarily be inquired into and tried by a Court in whose jurisdiction it was committed. Even if the accused is found far beyond the area of crime, he has to be brought back before the Court having local jurisdiction to try the same. According to Section 177 Cr.P.C., the jurisdiction of a criminal court is governed by the situs of the commission of offence and not by the shady or evasive movements of the offender. It is not that the accused person's presence would carry the jurisdiction with him to any Court where he may be present or where he may deliberately have chosen to flee. It is a cardinal principle of criminal jurisprudence that wherever the jurisdiction of the criminal court for trial and inquiry of the offence lies, there alone would lie the jurisdiction for grant of regular or anticipatory bail, unless the stature expressly provides otherwise. 7. As noticed earlier, sub-Section (2) of Section 78 imposes a statutory obligation on the Court issuing the warrant to send the substance of information and documents, if any, to the Court be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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