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Issues: Whether the High Court could entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure in respect of offences registered in another State, and whether interim protection could be granted by way of transit bail to enable the applicant to approach the appropriate court.
Analysis: The competing views on territorial competence were examined. One line of authority treated anticipatory bail as available only before the court having territorial jurisdiction over the place where the offence was committed, while another recognised limited interim protection to safeguard liberty where immediate arrest was apprehended. The decision accepted that the ordinary power under Section 438 is governed by territorial jurisdiction and that the principle of comity of courts should not be disregarded. At the same time, it was held that temporary protection could be granted to prevent immediate arrest and to enable the applicant to move the proper court in the State where the crime was registered.
Conclusion: The application was not finally entertained on merits by the High Court having regard to territorial considerations, but transit bail was granted for four weeks to enable the applicant to approach the appropriate court in Gujarat.
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