Court reviews jurisdiction challenge in anticipatory bail grant without notice The court addressed the challenge to the jurisdiction of the Additional Sessions Judge (ASJ) of Rohini District Court in granting anticipatory bail ...
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Court reviews jurisdiction challenge in anticipatory bail grant without notice
The court addressed the challenge to the jurisdiction of the Additional Sessions Judge (ASJ) of Rohini District Court in granting anticipatory bail without notice to the petitioner/department. The petitioner sought withdrawal of the petition but requested a directive for the trial court to issue notice to the department upon filing a fresh application. The petitioner's counsel assured filing an application before the ASJ to clarify jurisdiction and ensure notice to the petitioner/department. The petition was disposed of based on these submissions and actions proposed by the petitioner's counsel.
Issues: Challenging jurisdiction of the court in granting anticipatory bail, absence of notice to the petitioner/department, extension of anticipatory bail without notice, withdrawal of petition seeking notice to department.
Analysis: The judgment pertains to a challenge against a bail order granted by the Additional Sessions Judge (ASJ) of Rohini District Court. The petitioner contested that the ASJ of Rohini lacked jurisdiction to pass the bail order, asserting that the jurisdiction lies with the ACMM and/or ASJ of Patiala House Court. Moreover, it was argued that no notice was served to the petitioner/department during the issuance of the bail orders, even though the benefit granted had expired on a specific date. The anticipatory bail, originally granted to the respondents, was extended until a later date without any notice to the department. Consequently, the petitioner expressed the intention to withdraw the petition as the extended bail was nearing expiration, but sought a directive for the trial court to issue notice to the department upon the filing of a fresh application. The respondents' counsels objected to this request. The petitioner's counsel assured that an application would be filed before the Additional Sessions Court to clarify jurisdiction and ensure notice to the petitioner/department. Subsequently, the petition was disposed of based on the aforementioned submissions and actions proposed by the petitioner's counsel.
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