DR. AUGUSTINE FRANCIS PINTO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The abovementioned Anticipatory Bail Applications bearing Nos.1599 and 1608 of 2017 under Sec. 438 of Code of Criminal Procedure are filed for Transit Anticipatory Bail in order to enable the applicants to approach the appropriate Judicial Authority, in the State of Haryana praying that in the event of their arrest at the instance of Police attached to Bhondsi Police Station in connection with First Information Report No.0250 of 2017 dated 8th Sept. 2017 for an offence punishable under Sec. 302 of the Indian Penal Code and under Sec. 25 of the Arms Act.

(2.) The first informant namely Shri Barun Chandra Thakur, father of the deceased Master Pradhyuman Thakur, has filed an intervention application being Criminal Application No.847 of 2017.

(3.) Mrs. Pai, the learned Additional Public Prosecutor appearing for the State of Maharashtra submitted that, there is no provision under the Code of Criminal Procedure for filing an application for transit anticipatory bail. She submitted that the offence in question has occurred beyond the territorial jurisdiction of this Court and this Court does not have jurisdiction over the locale where the crime is committed. She further submitted that Sec. 438 of Cr. P.C., does not permit to grant anticipatory bail by any High Court or the Court of Sessions within the country where the accused may apprehend arrest. She submitted that the applicants ought to have approach the Sessions Court at Gurugram or the High Court of Punjab and Haryana for appropriate reliefs and the present applications are not maintainable in the eyes of law.