JUDGMENT

B. C. Gadgil, J. - The applicants in both these applications are praying for an anticipatory bail. These applications were initially placed before a learned Single Judge. However, they have now come up before us as the question arose before the learned Single Judge as to whether the provisions of Section 438 of the Code of Criminal Procedure can be utilised by this Court when the case or the contemplated criminal proceedings would be in some other State.

2. Though only this aspect in both these applications has been placed before us for our decision we have heard the learned advocates on behalf of both the sides on the merits of the applications and we feel that it would be in the interest of the parties if the applications are decided on merits as well if we come to the conclusion that this Court has jurisdiction to entertain the applications.

3. Before going to the rival contentions of the parties it would be necessary to State few facts which have given rise to there applications. Criminal Application No. 334 of 1985 is in connection with a criminal prosecution for the theft of electric energy. Hastinapur Metals Ltd. is carrying on its business in Sonepat District of Ha