If the filed case is outside jurisdiction then High Court cannot grant bail: J&K HC

The High Court of Jammu & Kashmir and Ladakh recently held in case titled Nisar Ahmad Wani & Ors. v Police Station Neemuch & Ors. that it lacks the authority to grant anticipatory bail to a defendant against whom a case has been filed outside its local limits, even if the defendant resides within the Court's jurisdiction.

Justice Sanjay Dhar ruled in accordance with the provisions of Section 438 of the Code of Criminal Procedure (CrPC) and the decision of the Court in Mohan Singh Parihar v. Commission of Police & Ors., which addressed the issue in depth.

The High Court was hearing an application filed under Section 438 of the Code of Criminal Procedure (CPC) for anticipatory bail in a first information report (FIR) filed with the Neemuch, Madhya Pradesh, police station.

The FIR was based on a complaint filed by a woman who alleged that her husband and in-laws had violated Section 498A of the Indian Penal Code.

The primary issue before the Court was whether it has the authority to grant bail in a case that was filed outside of its local limits of jurisdiction, in Madhya Pradesh in this instance.

The court observed that the petitioners are not requesting temporary bail, but rather bail in anticipation of their permanent arrest.

The High Court concluded, based on its own precedents and the provision in Section 438 of the CrPC, that it lacks the authority to grant anticipatory bail to a defendant whose case has been registered with a police station located outside the court's local jurisdiction under the Code.

Therefore, the petition was deemed inadmissible and dismissed.

D.D: 03.06.2022

Nisar Ahmad Wani & Ors. v/s Police Station Neemuch & Ors.