Jigarkumar Navinchandra Soni vs State Of Gujarat

Hasmukh D. Suthar, J

[1.0] RULE. Learned APP waives service of notice of Rule on behalf of the respondent – State of Gujarat.

[2.0] Heard learned advocate Mr. Sudhir Nanavati, learned Sr.Counsel appearing for Mr. Vandan K.Baxi, learned advocate for the applicant and Ms. Maithili Mehta, learned APP for the respondent – State.

[3.0] This application has been preferred under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the complaint dated 28.11.2023 being CR No. 0123 of 2023 registered with Ghantaghar Police Station, Dist. Udaipur, Rajasthan for the offence under Sections 406 and 420 of the Indian Penal Code, 1860.

[4.0] Learned advocate for the applicant submits that the FIR is registered at Udaipur, Rajasthan. He has further submitted that the co-accused has already been protected by the Co.ordinate Bench of this Court vide order dated 20.12.2023 passed in Criminal Misc. Application No. 22922 of 2023. He has requested to exercise discretion in favor of the applicant by granting transit anticipatory bail.

[5.0] Since this Court has no jurisdiction to pass or grant of anticipatory bail/relief in favour of the applicant in the case registered against the present applicant in another State for which only the competent Court is having the jurisdiction.

[6.0] Taking into consideration the above facts and access to justice and concept of personal liberty, accused wants to approach the jurisdictional Court and co-accused is also granted anticipatory transit bail and the law laid by the Hon’ble Apex Court in the case of Priya Indoria Vs. State of Karnataka and the Hon’ble Bombay High Court in the case of N.K. Nayar and Others vs. State of Maharashtra and Others reported in 1985 Cr.L.J. 1887 and Nikita Jacob vs. State of Maharashtra reported in 2021 SCC OnLine (Bom.) 1395, since this Court cannot usurp the jurisdiction of the competent Court, this Court is of the considered opinion that present application deserves to be partly allowed.

[7.0] Accordingly, present application is partly allowed. The applicant herein shall not be arrested within the State of Gujarat in connection with the complaint dated 28.11.2023 being CR No. 0123 of 2023 registered with Ghantaghar Police Station, Dist. Udaipur, Rajasthan for a period of THREE WEEKS from the date of receipt of the present order.

[8.0] The applicant may approach the competent Court having territorial jurisdiction for the purpose of filing appropriate proceeding in connection with the said FIR. Rule is made absolute to the aforesaid extent.

[9.0] It is hereby made clear that after the expiry of period of 3 weeks, the order of anticipatory transit bail granted by this Court shall stand canceled automatically. Direct service is permitted.