SANTOSHBHAI GUNVANTRAI KAMDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners are residents of Bhavnagar. A complaint against them came to be filed by one Mr. Ramdev Mahajan at Fulera Police Station, District Jaipur in Rajasthan State for offences punishable under Sections 420, 467, 468 and 120-B of the Indian Penal Code. Thereafter statements of both the petitioners were recorded by police on December 20,1975. Now the petitioners apprehend that they will be arrested in respect of this complaint by police without warrant at any place within the territory of this State by virtue of the power conferred upon them under Section 48 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Code" for short). They, therefore, have moved this Court under Section 438 of the Code for a direction to grant bail by this application. State of Rajasthan is the opposite party to this application. Notice was ordered to issue to the opposite party. It was sent by registered post. The acknowledgement has been received. Date fixed was December 14, 1977. It has not appeared.

(2.) While granting rule on this application, question of jurisdiction occurred to me. As the opposite party - State of Rajasthan did not appear, learned Public Prosecutor was requested to appear and make submissions on the question of jurisdiction in order to assist the Court. Accordingly the learned Public Prosecutor has appeared and made his submission.

(3.) The question would be whether this court has jurisdiction to give directions for grant of bail to a person apprehending arrest within the territory of the State of Gujarat in respect of cognizable offences which have been registered in another State and investigation into which is proceeding ahead ? Sub-sections (1) and (3) of Section 438 of the Code is are relevant for our purpose.