MEER AHMED ALI KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the respective parties.

(2.) IN this matter, in view of the peculiar circumstances that the offence is registered at Aurangabad, whereas the petitioners are residing at Hyderabad, Advocate Shri. Deshmukh was invited to argue the aspect of territorial jurisdiction to pass an order of anticipatory bail.

(3.) THE problem arises when the applicant residing beyond the jurisdiction of the High Court approaches the High Court directly, because the offence is registered within the territorial jurisdiction of this High Court. Anticipatory bail, if granted, is required to be given effect beyond the territorial jurisdiction. However, when an offence is registered, the investigating officer has liberty and power to chase and trace the offender beyond the territorial limits of his police station and beyond the territorial limits of the Court, within whose jurisdiction the offence is committed and registered. THE order of anticipatory bail is required to be given effect by a direction to such an investigating officer, who is likely to effect the arrest of the offender and therefore, there is no reason why the Court should not be able to issue such direction, although its effect is likely to reach beyond the territorial jurisdiction of the Court.