LAWS(CAL)-1998-11-28

SADHAN CHANDRA KOLAY Vs. STATE OF WEST BENGAL

Decided On November 27, 1998
SADHAN CHANDRA KOLAY Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) It is a matter of anticipatory bail under section 438, Cr. P.C. in connection with the offences committed outside this State. Several outstation cases are pending in the list under the heading Anticipatory Bail before this Bench.

(2.) At the Initial stage of hearing, the learned Advocate for the petitioner has referred to the Full Bench Decision of this High Court in case of Sailesh Jaiswal v. State, The question which was referred to and decided by the Full Bench was whether the High Court or Sessions Court having no territorial jurisdiction over the place where offence was committed could exercise the power of granting anticipatory bail or not.

(3.) It appears, majority of the Judges concurred to the judgment written by Honble Mr. Justice Basudeva Panigrahi. It further appears from the said judgment, that several decisions touching the point in question were placed before that Full Bench. Out of the catena of decisions referred to the Full Bench, the Full Bench decision of the Patna High Court in the case of Syed Zafrul Hassan v. State, appears to have carried more weight with the Judges of the Full Bench of this court. The said Full Bench decision of the Patna High Court as mentioned above lays down that in the matter of granting anticipatory bail, the jurisdiction of the Sessions Court and High Court should remain confined to the territorial jurisdiction, that means, the Court must have jurisdiction over the place where the offence was committed. It is further laid down that question of residence of the accused or the place of apprehension of arrest would not create any jurisdiction.