TaxTMI 
TaxTMI 
2022 (7) TMI 1427
X X X X Extracts X X X X
X X X X Extracts X X X X
....an Singh, with a prayer to release them on transit / anticipatory bail in F.I.R. No. 426 of 2022, Police Station- Mansarovar, District- Jaipur City (South) dated 9.05.2022, under Sections- 504, 506, 384, 467, 468, 120-B IPC, during pendency of trial. 3. The brief facts of the case are that the applicant no. 1 at present is aged about 58 years, the applicant nos. 2 and 3 are the sons and the applicant no. 4 is the daughter of applicant no. 1 and the applicant nos. 2 and 4 are the directors of several companies including the M/S Rajdarbar Infotech Private Ltd. Head Office of Rajdarbar Infotech Pvt. Ltd., situated at Agra. The applicant nos. 5 to 7 are the employees of said company. All the applicants have good reputation and high moral value....
X X X X Extracts X X X X
X X X X Extracts X X X X
....pposite party nos. 3 and 4 are very influential person, thus, there is serious apprehension that in case, the applicants or their pairokar will go to concerned court for getting protection, they shall be arrested and some mishappening may be caused. They are willing to appear before the court concerned at Jaipur, Rajasthan for the purpose of getting bail. However, they may be granted transit anticipatory bail for short time so that they may appear before the competent court at Jaipur under limited protection granted by this court by way of time bound transit anticipatory bail. 7. Learned A.G.A has opposed the prayer made on behalf of the counsels for the applicants and has submitted that this Court has no jurisdiction to grant any protecti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e offence, he may apply to the High Court or the Court of Session for a grant of anticipatory bail. The Court may, as it thinks fit, direct that in case of such arrest, he will be released on anticipatory bail. 10. Nonetheless, transit anticipatory bill is different from ordinary bail. Ordinary bail is granted after arrest, releasing the accused from custody while anticipatory bail is granted in the anticipation of arrest i.e., it precedes detention of the accused and is effective immediately at the time of the arrest. In plain words, when an accused is arrested in accordance with the order of the court and whereas the accused needs to be tried in some other competent court having jurisdiction in the aforementioned matter, the accused is g....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n the part of the High Court in exercising the power under Section 438 of the Code in granting anticipatory bail for a limited period to enable the applicant to move the appropriate Court as the gravity of pretrial arrest and the loss of liberty of the individual cannot be compromised on the anvil of the powers, competence and/or jurisdiction of the Court. The relevant excerpt of the judgment is quoted hereinbelow:- 7. In the case of N.K. Nayar (supra) the Division Bench of the Bombay Court has held that if the arrest is likely to be affected within the jurisdiction beyond High Court, then the concerned person may apply to the High Court for anticipatory bail even if the offence is committed in soma state. However, the Division Bench in t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ons :- "The matter relates to grant of Anticipatory bail under Section 438 of the Code of Criminal Procedure. The Bombay High Court vide impugned order dated 31st January, 2014 allowed the petitioners to move before appropriate Court in Gujarat for said relief and granted Transit Bail for four weeks so as to enable the petitioner to approach before the appropriate Court at Gujarat. Having heard the learned Counsel for the petitioners, we are not inclined to interfere with the impugned order. However, taking into consideration the nature of the case and submission made on behalf of the petitioners, we extend the Transit Bail in favour of petitioners upto 31st March, 2014 so as to enable the petitioners to approach the appropriate Court ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ass following order: (i) In the event of arrest of applicant in connection with C.R. No. 49 of 2021 registered at Special Cell, New Delhi, the applicant be released on bail on executing P.R Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. (ii) This protection is granted for a period of three weeks from today to enable the applicant to approach the competent court for seeking appropriate relief ; (iii) Anticipatory Bail Application is disposed of." 16. In view of the law enunciated in the above referred cases, there is no fetter on the part of the High Court in granting a transit anticipatory bail to enable the applicants to approach the Courts including High Courts where the offence is alleged to have....