The main question for consideration before the Court was whether it is vested with jurisdiction to grant bail in a case that has been registered beyond its local limits of jurisdiction, in Madhya Pradesh in this case.
The Court noted that the petitioners are not seeking transit bail but are seeking bail in anticipation of their arrest on a permanent basis.
Going by its own precedents and the provision under Section 438 of the CrPC, the High Court concluded that it has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of the court’s jurisdiction under the Code.
Accordingly, the petition was held to be not maintainable and dismissed.
Source: Barandbench
