1995 (8) TMI 343

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....ilway at Nagpur and is residing in Railway Quarter at Nagpur and he apprehends arrest at Nagpur. Therefore, according to the applicant, he is entitled to have the jurisdiction of this Court under section 438, Criminal Procedure Code exercised in his favour. The learned A.P.P. would oppose the prayer contending that the nature of the offence is such that the applicant is not entitled to the benefit under section 438, Criminal Procedure Code and he would further point out that in para 9 of the very application by the applicant itself, himself having admitted that he has moved an application under section 438, Criminal Procedure Code before the 5th Additional Sessions Judge, Bilaspur (Madhya Pradesh), which was rejected, it will not be appropr....

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.... it is clear that the High Court within whose jurisdiction offence is committed has got power to grant anticipatory bail under section 438, Criminal Procedure Code and the High Court where arrest is apprehended also has got jurisdiction under section 438, Criminal Procedure Code to grant anticipatory bail. What will come out of this is that the concerned accused has option to choose the forum; whether to move the Court within whose jurisdiction offence is committed or the Court within whose jurisdiction arrest is apprehended. Here the applicant has exercised his option by moving 5th Additional Sessions Judge, Bilaspur under section 438, Criminal Procedure Code, and was not successful as the 5th Additional Sessions Judge, Bilaspur, dismissed....