The bench of Justices SS Shinde and SV Kotwal said that whether transit bail can be granted by a court to accused in cases registered outside its jurisdiction needs to be decided by a larger bench.
“There is a vertical rift in the views expressed by different High Courts. The importance of this question cannot be overstated. It involves liberty of citizens. …the matter involves larger interest of the citizens and, therefore, it can be more advantageously heard by a Larger Bench,” the bench observed in the order which was uploaded on the High Court website on Thursday.
It, therefore, directed that the matter be placed before Chief Justice to o decide whether these matters should be placed before a larger bench consisting of three or more judges.
The matter in fact came before the division bench after reference by single-judge Justice Revati Mohite Dere.
The single-judge had framed the following questions to be considered by division bench:
– Whether an application for transit anticipatory bail for a short duration, is maintainable in order to enable the accused to approach the Court of appropriate jurisdiction for seeking regular anticipatory bail for a short duration ?
– Whether the judgment of the Division Bench of this Court in the case of NK Nayar, Director, Hastinapur Metals Ltd. Bombay and others Vs. State of Maharashtra and others is a binding precedent ?
In addition to the above, the division bench also framed the following questions for consideration by a larger bench:
– Whether the Maharashtra Amendment of 1993 to Section 438 of CrPC affects the ratio of NK Nayar’s case.
– Whether the final relief under Section 438 of CrPC can be granted for the offences registered or likely to be registered, outside the territorial jurisdiction of the Sessions Court or the High Court, as the case may be.
– Whether a Sessions Court can grant any relief under Section 438 of CrPC in respect of the offences registered outside its jurisdiction.
– If it is held that the powers of the High Courts under Section 438 of CrPC are restricted to passing of these orders only for the offences registered or likely to be registered within the territorial jurisdiction, whether the High Courts in exercise of their powers under Article 226 of the Constitution of India, can pass protective orders in the nature of relief under Section 438 of CrPC in respect of those offences.
Source: Barandbench
