CASE 1.

THE STATE OF GUJARAT vs. JAVED ANAND & ORS.

ITEM NO.63 COURT NO.5 SECTION II-A

SUPREMECOURTOFINDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3135/2018
(Arising out of impugned final judgment and order dated 05-04-2018 in ABA No. 627/2018
passed by the High Court Of Judicature At Bombay)

Heard Mr. Tushar Mehta, learned Additional Solicitor General, Mr. Mahesh Jethmalani, learned
senior counsel for the petitioner and Mr. C.U. Singh, learned senior counsel for respondent Nos.
1 and 2.
Being an interim transit bail, we make it clear that its life as granted by the High Court of
Judicature at Bombay is limited upto 31st May, 2018. It is for the respondent Nos. 1 and 2 to
approach the competent forum in the State of Gujarat, within the said period for further
appropriate relief. Needless to say that the forum concerned will consider the matter on its own
merit.
The impugned order passed by the High Court of Judicature at Bombay will stand
clarified to the above extent. The Special Leave Petition is disposed of as above. Pending
applications, if any, also stand disposed of.

CASE 2.
KHUSHENDRA BORKAR AND ORS. VS. STATE OF UTTAR PRADESH

Criminal P.C.,1973—Ss. 438 and 81 --- transitory anticipatory bail – High Court and
Session Court have concurrent jurisdiction even if case is registered in another state – in
such cases lower Court should be approached first. 2000 (1) MPHT 127 and 1996 JLJ 363
explained. [Paras 3 & 5]

CASE 3.
M.Cr.C. No. 269 Of 2016

This is an application under Section 438 of the Cr.P.C. for grant of transit bail in the event of
arrest of the applicants in connection with Crime No. 343/15 registered at P.S. Sholapur,
Maharashtra under Sections 498-A, 323, 504 and 506/34 of the IPC.
I have considered the submissions of learned counsel for the parties. In support of the
transit bail application, affidavit of applicant No.1/Rekha has been filed. The division Bench of
this Court answering the question in affirmative has observed that;
 “The anticipatory bail can be granted in cases arising
beyond the jurisdiction of the Court having invested with the
powers of grant of anticipatory bail. Such anticipatory bail
should normally be granted only for a limited duration and the
person so released be directed to approach the Court within the
period specified therein if he so desires and thereby the Court
granting anticipatory bail should leave it to the regular Court to
deal with the matter after expiry of the duration”.

Considering the fact that applicants are apprehending their arrest in connection with
Crime No. 343/15 registered at P.S. Sholapur, Maharashtra under Sections 498-A, 323, 504 and
506/34 of the IPC and they are residing at Indore, this application is allowed. It is directed that in
the event of arrest, applicants shall be released in connection with Crime No. 343/15 registered at
P.S. Sholapur, Maharashtra under Sections 498-A, 323, 504 and 506/34 of the IPC on furnishing
personal bond to the tune of Rs.25,000/- each with one surety each in the like amount to the
satisfaction of the Arresting Police Officer. The order shall remain in force for one month from
the date of receipt of certified copy of this order.
The applicants are at liberty to approach the Competent Court to seek anticipatory bail beyond
the period of one month.

CASE 4.
TARUN SAHU Vs THE STATE OF MADHYA PRADESH
MCRC-7381-2016

This is the first bail application filed by the applicants/accused under Section 438 of the Cr.P.C
for grant of transit bail in the event of arrest of the applicants in connection with Crime
No.146/2016 registered at Police Station-Hudkeshwar, Nagpur under Sections 498 (A)/34 of the
Indian Penal Code.
On due consideration of the aforesaid facts and circumstances of the case, this Court
deems it fit to grant transit bail. Hence, the application is allowed. It is directed that in the event
of arrest, applicants shall be released in connection with Crime No.146/2016 registered at Police
Station- Hudkeshwar, Nagpur under Section 498-A/34 of the Indian Penal Code on furnishing
personal bond to the tune of Rs.25,000/- each with one surety each in the like amount to the
satisfaction of the Arresting Police Officer. The order shall remain in force for one month from
the date of receipt of certified copy of this order. The applicants are at liberty to approach the
competent Court to seek anticipatory bail beyond the period of one month.
CASE 5.
GAURAV GOANTIYA Vs THE STATE OF MADHYA PRADESH
MCRC-10869-2016

This is the first bail application filed by the applicant/accused under Section 438 of the Cr.P.C for
grant of transit bail in the event of arrest of the applicant in connection with Crime No.68/2016
registered at Police Station-Mahila Thana, Noida Sector-39, District-Gautam Buddhha Nagar
(U.P) under Sections 498-A, 504 of the Indian Penal Code and also under Section 3 /4 of Dowry
Prohibition Act.
Notices be made returnable within four weeks. The applicant is also directed to serve the
respondent No.1 by Dasti Service. In the meanwhile, if the applicant is arrested till the further
order, he shall be released on furnishing a personal bond in the tune of Rs.25,000/- with one
surety in the like amount to the satisfaction of the Arresting Police Officer.

CASE 6.
SANJEEV CHANDEL Vs THE STATE OF H. P. AND ORS.
Cr. M.P. (M) No. 1288 of 2002, D/- 10-10-2002

(A)Criminal P.C. (2 of 1974), S.438 – Interim anticipatory bail – grant of – Territorial

jurisdiction – Case against petitioner registered in police station outside territorial
jurisdiction of High Court where application for interim bail was filed – Said High
Court can entertain application to enable petitioner to surrender before Court having
jurisdiction. (Para6)

(B)Criminal P.C. (2 0f 1974), S.438 – Interim anticipatory bail – order can be passed by
Court even in absence of record of case. (Para9)

In Anil Kapoor's case (2002 (1) Chand LR (Civ and Cri) 269) (supra) while dealing with a
similar question, this Court has held as under :

"Since the accused have not prayed for regular anticipatory bail but have confined their
prayer to grant them interim anticipatory bail to enable them to apply for anticipatory bail to
the Court having territorial jurisdiction over the place of the commission of offence,
therefore, a considered opinion on merits and demerits of their case is not called and,
therefore, for the stated limited prayer perusal of the record is not necessary which will have
to be examined and considered by the concerned Court. For the purpose of passing an
appropriate order on this application, the contents of the application, duly supported by
affidavit of Chatter Singh, prima facie, disclose that the accused are residents of Nahan Town
in District Sirmaur within the territorial jurisdiction of this Court, that they are accused of the
commission of an offence punishable under Section 498-A of the Indian Penal Code, which
is a cognizable offence and a case at the instance of the aggrieved party has been registered
against them in Police Station Jawalapur in District Hardwar and they apprehend their arrest
in the said case though they claim to be innocent."

CASE 7.
SONAL SANJIV DALAL VS STATE OF GUJARAT
CRIMINAL MISC.APPLICATION No. 9996 of 2008

This application is filed under Section 438 of the Code of Criminal Procedure seeking transit bail
of the petitioner in connection with C.R. bearing No. I-408 of 2008 filed at Mahakal Police
Station, District:- Ujjain, State of Madhya Pradesh for the offences punishable under Sections
420, 467, 468, 471 and 120B of the Indian Penal Code as well as Sections 18 and 19 of the
Transplantation of Human Organs Act, 1994.
For the foregoing reasons, the petition is allowed. Anticipatory bail under Section 438 of
the Code of Criminal Procedure is granted to the petitioner for a period of three weeks from
today in the event of arrest of the petitioner in connection with C.R. bearing No. I-408 of 2008
filed at Mahakal Police Station, District:- Ujjain, State of Madhya Pradesh for the offences
punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code as well as
Sections 18 and 19 of the Transplantation of Human Organs Act, 1994 on executing a bond of
Rs.5,000/-(Rupees Five Thousand only) with one surety of the like amount, by the concerned
police officer.

CASE 8.
PALAK RAMESHBHAI PATEL VS. STATE OF GUJARAT
CRIMINAL MISC.APPLICATION No. 10003 of 2008

For the foregoing reasons, the petition is allowed. Anticipatory bail under Section 438 of the
Code of Criminal Procedure is granted to the petitioner for a period of three weeks from today in
the event of arrest of the petitioner in connection with C.R. bearing No. I-408 of 2008 filed at
Mahakal Police Station, District:- Ujjain, State of Madhya Pradesh for the offences punishable
under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code as well as Sections 18 and
19 of the Transplantation of Human Organs Act, 1994 on executing a bond of Rs.5,000/-(Rupees
Five Thousand only) with one surety of the like amount, by the concerned police officer.

CASE 9.
JITENDRASINH CHANDANSINH SOLANKI VS. STATE OF GUJARAT
CRIMINAL MISC. APPLICATION (FOR TRANSIT BAIL) NO. 3344 of 2018

This application has been filed under Section 438 of the Code of Criminal Procedure 1973 for
transit bail in connection with the F.I.R. registered as C.R.No.I- 440 of 2017 with Sanver Police
Station, District: Indore, for the offence punishable under Sections 406, 420, etc. of the Indian
Penal Code.
 Having heard learned counsel for the parties and perusing the record of the case, this
application deserves to be allowed and hence, the following order:

"The applicant shall not be arrested for a period of four weeks within the State of Gujarat in
connection with FIR registered as C.R.No.I- 440 of 2017 with Sanver Police Station, District:
Indore and the applicant may approach the Competent Court with territorial jurisdiction for the
purpose of obtaining anticipatory bail in connection with the aforesaid offence and this order
shall remain in force up to four weeks."

CASE 10.
SHAKEB ALAM KHAN VS. STATE OF HARYANA
CRM-M-39087 of 2018

The FIR No.33325024170926 dated 13.12.2017 has been registered against the petitioner under
Section 420 & 34 IPC, at PS Durg Kotwali, District Durg (Chattisgarh). He has been directed by
the concerned police to join investigation, he apprehends that in case he goes to join
investigation he shall be arrested. He seeks transit anticipatory bail for a period of 20 days by
placing reliance upon Mahesh Kumar Sarda @ Maheswari vs. Union of India, 2000(4) RCR
(Criminal) 129.
Thus, the petition is accepted and the petitioner-Shakeb Alam Khan is granted transit anticipatory
bail for a period of 20 days from today. It is directed that in the event of his arrest in the
aforementioned FIR during the said period, he shall be released on his furnishing bail bonds to
the satisfaction of the Arresting Officer concerned enabling him to approach the
jurisdictional/Competent Court, if he so desires.