Wednesday, June 8, 2022

High Court cannot grant bail to resident of State if case registered outside jurisdiction: Jammu & Kashmir High Court

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The High Court of Jammu & Kashmir and Ladakh recently said that it does not have jurisdiction to grant anticipatory bail to a person against whom a case has been registered outside its local limits even if the person resides within the jurisdiction of the Court [Nisar Ahmad Wani & Ors. v Police Station Neemuch & Ors.].

Single-judge bench of Justice Sanjay Dhar held so in line with the provisions of Section 438 Code of Criminal Procedure (CrPC) and the decision of the Court in Mohan Singh Parihar v Commission of Police & Ors. which had dealt with the subject matter in detail.

"From the aforenoted enunciation of law on the subject, it is clear that this Court does not have jurisdiction to entertain and decide the bail application which relates to an FIR that has been registered beyond the local limits of this Court even though the accused/petitioner may be residing within the jurisdiction of this Court,"

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