2000 CRI. L. J. 2951 ::(2000) 2 AllCriLR 300 ::2000 (1) CalLJ 429 ::2000 CalCriLR 183 ::2000 (1) Cal HN 700 ::(2000) Cal WN 689 ::2001 (3) Crimes 178 ::2000 (3) EastCriC 1975

Calcutta High Court

Hon'ble Judge(s): S. B. Sinha, M. H. S. Ansari, D. P. Sengupta , JJJ

Criminal P.C. (2 of 1974) , S.438— Anticipatory bail - Grant of - Territorial jurisdiction - High Court has jurisdiction to grant anticipatory bail to limited extent even in an outstation case. 1999 (1) Cal LJ 20, Overruled. The power under Section 438 cannot be exercised by a Court having no territorial jurisdiction other than the limited jurisdiction for the transitional period, that is, arrest and release on bail by the arresting authority or the Magistrate on whose order person arrested is required to be produced before the Judicial Magistrate having jurisdiction in the other State of Union Territory. Thus the High Court cannot exercise its jurisdiction under Section 81 as the power to grant bail is confined to the authorities mentioned in the second proviso appended thereto, but the High Court can exercise a limited jurisdiction so that a person upon arrest may not be taken into custody by the arresting officer, but such arresting authority may be directed to release him on bail subject to the fulfilment of the terms and conditions as may be imposed together with terms and conditions whether by way of execution of bond or otherwise that he shall, within a reasonable time, and not beyond the period of 24 hours, appear before the Courts as mentioned in the second proviso appended to Section 81 of the Code of Criminal Procedure and obtain a ....