Courts Can Exercise Jurisdiction for Transit Anticipatory Bail Outside Territorial Jurisdiction: Punjab and Haryana High Court in Cyber Fraud Case
In a significant ruling, the Punjab and Haryana High Court has granted transit anticipatory bail to Sanesh Kumar, the petitioner in a cyber fraud case registered in Hyderabad. Justice Jasjit Singh Bedi, while delivering the judgment in CRM-M-901 of 2024, stated, “the Court of Sessions or the High Court, as the case may be, can exercise jurisdiction and entertain a plea for limited anticipatory bail/transit bail by way of interim protection for a limited duration even if the FIR has not been filed within its territorial jurisdiction.”
Legal Point:
The Court dealt with the issue of transit anticipatory bail in a case involving cybercrime. The FIR, filed at the Cyber Crime Police Station in Hyderabad, alleged offenses under Sections 66(C), 66(D) of the IT Act, and 419, 420 of the IPC.
Facts and Issues:
Sanesh Kumar, the petitioner, sought transit anticipatory bail for 15 days to join the investigation in Hyderabad and to approach the competent court there for anticipatory bail. The FIR accused him of involvement in a cyber fraud case, duping the complainant of around Rs. 17,73,688 through a Telegram-based scam.
Detailed Court Assessment:
Jurisdiction for Transit Anticipatory Bail: Citing the precedent in “Priya Indoria Versus State of Karnataka & others,” the Court observed that jurisdictional constraints should not impede access to justice. It underscored the principle that an accused is presumed innocent until proven guilty.
Analysis of Cyber Crime Investigation: The Court acknowledged the complexities in jurisdiction for cybercrime cases. It emphasized the necessity for courts to be flexible in handling cases spanning multiple jurisdictions.
Order for Transit Bail: Concluding the judgment, Justice Bedi granted transit anticipatory bail to the petitioner for 15 days, directing him to approach the competent court in Hyderabad. It was clarified that this order should not be construed as an opinion on the merits of the case.
Decision: The Court granted transit anticipatory bail to Sanesh Kumar, allowing him to approach the competent court in Hyderabad for further relief.
Date of Decided: 15.03.2024
Sanesh Kumar Vs. State of Haryana & Others
