RAJ CHOPRA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) This application is made on behalf of the petitioners viz Mr. Raj Chopra, Mr. Charanjit Singh Sachdev, Mr. Raman Sehgal and S.R. Dutta under Section 438 of the Cr.P.C. for grant of anticipatory bail and in the alternative transit bail for a period of 30 days.

(2.) The learned counsel for the petitioners relies upon Pritam Singh v. State of Punjab 18(1980) DLT 405; Pritam Singh v. State of Punjab 19(1981) DLT; and Captain Satish Kumar Sharma v. Delhi Administration and ors. 1991Crl.L.J 950 to press his contentions and submitted that this Court had got jurisdiction to grant anticipatory bail even when the offence is committed outside Delhi and in those cases where a person apprehends arrest in case of crimes outside Delhi.

(3.) It is pertinent to note that in case of U.P., the State Legislature has amended the provisions of Cr.P.C and Section 438 has been deleted as far as State of U.P. is concerned. So the relief under Section 438 Cr.P.C is not available to the accused persons in the State of U.P. The said amendment was challenged before the Supreme Court and was upheld by the Supreme Court. Thus as far as crimes committed in State of Uttar Pradesh are concerned, relief under provisions of Section 438 Cr.P.C is not available to the accused persons.