DINABANDU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The aforesaid three petitions filed by three accused-petitioners under S. 438, Cr. P.C. seeking pre-arrest bail pertaining to Silchar Police Station Case No. 1568/2000 u/Ss. 342/325/307, 302/34, I.P.C. and as such, taken together for disposal.

(2.) One Smt. Parbati Das of village Rongpur P3. Silchar, Assam, lodged FIR on 10-12-2000 against Shri Dinabandu Das, Shri Joy Krishna Das and Shri Krishna Das (petitioners in the related petitions) narrating facts constituting offence, exfacie, under Ss. 324/325/307/302/34, I.P.C. and the Police Station concerned registered the FIR being Silchar P3 Case No. 1568/2000 (dated 10-12-2000).

(3.) The petitioners sought for anticipatory bail under S. 438, Cr. P.C. at Shillong Bench of Gauhati High Court. The question posed as to whether the Shillong Bench of the Gauhati High Court has territorial jurisdiction over the matter. The learned counsel for the petitioner, Mr. DK Das Choudhury, having referred to Art. 231 of the Constitution of India submits that this Court being part of the Gauhati High Court has complete jurisdiction to entertain these bail petitions notwithstanding the alleged offence committed at Silchar within the State of Assam. The Gauhati High Court, according to the learned counsel, is a common High Court for all the seven Staes including the State of Meghalaya, and as such, any Hon"ble Judge sitting at Shillong Bench can entertain any matter arising out of any of these seven States.