IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 187 of 2002
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ASHWINI BHARTI DHIRAJLAL BHARATI
Versus
STATE OF GUJARAT
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Appearance:
1. Criminal Misc.Application No. 187 of 2002
MR YOGESH S LAKHANI for Petitioners No. 1-3
MR PR ABICHANDANI, APP for Respondent No. 1
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CORAM : MR.JUSTICE R.P.DHOLAKIA
Date of Order: 11/01/2002
ORAL ORDER
Rule. Mr.P.R.Abichandani, learned APP waives
service of rule on behalf of respondent-State.
2.Heard Mr.Y.S.Lakhani, learned advocate for the
petitioners and learned APP Mr.P.R.Abichandani, for the
respondent-State.
3.It is submitted by learned advocate for the
petitioners that one private complaint was lodged before
the Mahila Police Station, Jodhpur, being F.I.R.No.215 of
2001 on 11-12-2001 by one Vandanaben against the present
petitioners. As they are apprehending their arrest in
connection with the above complaint, they have prayed for
temporary protection.
4.Learned advocate for the petitioners has relied
upon a case reported in 1998(1) G.L.H. 594 wherein it is
held as under:
“Code of Criminal Procedure, 1973 — S.438
Whether the High Court can grant anticipatory
bail in respect of an offence committed or
registered outside the territorial
jurisdiction–Held, that an application under
S.438 for anticipatory bail should be finally
decided only by the Court within whose
territorial jurisdiction the alleged offence has
been committed. However, the Court entertaining
application for anticipatory bail at the first
instance which does not have the territorial
jurisdiction can give protection only for a brief
period of adequate condition with a view to
enable the person to approach the Court within
whose jurisdiction the offence is alleged to have
been committed.”
5.The learned APP has not insisted for reasoned
order. Looking to the facts and circumstances of the
case, petitioners are entitled to get transit
anticipatory bail for enabling them to approach the Court
in whose jurisdiction the offences are alleged to have
been committed.
6.Anticipatory bail under Sec.438 of Cr.P.C. is
granted to the petitioners for a period of fifteen days
from today in the event of their arrest in connection
with F.I.R.No.215 of 2000 registered at Mahila Police
Station, Jodhpur, on their executing a bond of Rs.5,000/-
(Rupees Five Thousand only) each with a surety of the
like amount before the concerned Police Officer. In the
meanwhile, petitioners are directed to approach the
appropriate authority and obtain necessary orders.
7.This anticipatory bail order is valid only for a
period of fifteen days from today and thereafter, it
stands cancelled automatically.
8.It would be open to the investigating officer to
file an application for remand if he considers it proper
and just and the learned Magistrate would decide it
according to law.
9.Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(R.P.DHOLAKIA,J.)
radhan/