TaxTMI 
TaxTMI 
1985 (3) TMI 317
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.... placed before us for our decision we have heard the learned Advocates on behalf of both the sides on the merits of the applications and we feel that it would be in the interest of the parties if the applications are decided on merits as well if we come to the conclusion that this Court has jurisdiction to entertain the applications. 3. Before going to the rival contentions of the parties it would be necessary to state few facts which have given rise to these applications. Criminal Application No. 334 of 1985 is in connection with a criminal prosecution for the theft of electric energy. Hastinapur Metals Ltd. is carrying on its business in Sonepat District of Haryana State. Its Head Office is at New Delhi. For their business the Company is....
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....ed outside the State of Maharashtra. We have heard the learned Advocates for the applicants in both these applications as also the learned Public Prosecutors appearing in both these applications. The learned Public Prosecutors have frankly stated before us that such applications for anticipatory bail would be tenable in this Court even if the offences are said to have been committed outside the jurisdiction of this Court. Of course, we do not propose to decide this question on the basis of the concession made by the Public Prosecutors. The provisions for the grant of anticipatory bail are contained in Section 438 of the Cr. P.C. An application for such type of bail can be made to the High Court or to the Court of Session whenever a person h....
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..... It would thus be clear that this Court would have jurisdiction to entertain both the applications even if the offences are said to have been committed outside the State of Maharashtra. 6. It is now necessary to consider as to whether anticipatory bail should be granted to the applicants in both the applications and, if so, whether such bail should be conditional one. Mrs. Desai and Mr. Chopda, the learned Public Prosecutors, stated before us that it would not be possible for them to make submissions on the merits of the applications particularly because the contemplated criminal proceedings would be initiated by agencies not subordinate to the State of Maharashtra. However, that does not mean that we should refuse to exercise our powers ....
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....conditions mentioned in Clauses (i) to (iv) of that sub-section. The controversy therefore is not whether the Court has the power to impose conditions while granting anticipatory bail. It clearly and expressly has that power. The true question, is whether by a process of construction, the amplitude of judicial discretion which is given to the High Court and the Court of Session, to impose such conditions as they may think fit while granting anticipatory bail, should be cut down by reading into the statute conditions which are not to be found therein, like those evolved by the High Court or canvassed by the learned Additional Solicitor General. Our answer, clearly and emphatically, is in the negative. The High Court and the Court of Session ....
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....ort period after the filing of the F.I.R. as aforesaid. But this need not be followed as an invariable rule. The normal rule should be not to limit the operation of the order in relation to a period of time. Thus, it would be clear that there are no inbuilt restrictions in Section 438 itself when the Court has to consider an application for anticipatory bail. At the same time this discretionary power can be exercised and whenever necessary restrictions and conditions can be imposed. It is true that it would not be necessary that the anticipatory bail should be limited in point of time. Everything will depend upon the facts of each case. As we have observed above, the impending prosecutions are likely to be launched in Courts outside the St....