MOHAMMAD YAQOOB MIR
Merry Bina Marak – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Mohammad Yaqoob Mir, C.J.—Petitioner apprehending arrest in connection with Wanwadi PS Case No.4791/2018 under Sections 419, 420 IPC and Section 66(d) of I.T. Act has filed instant petition under Section 438 read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”).
2. Learned Addl.PP submits that the occurrence has taken place within the jurisdiction of Wanwadi Police Station, Pune City, Maharashtra, therefore, this Court has no jurisdiction.
3. The contention of learned counsel for the petitioner is that the petitioner is a woman resident of Danakdopgre village, New Tura, West Garo Hills, has three minor children pursuing studies at Tura, has been wrongly implicated. Petitioner being a housewife requires some time to make arrangement to enable her to go to Pune, Maharashtra, seeks transit bail for a period of one month to enable her to apply before the competent court in the State of Maharashtra for grant of anticipatory bail.
4. The first question which arises for consideration is as to whether this Court can invoke powers under sections 438 and 482 CrPC, 1973 when the occurrence has taken place in the State of Maharashtra.
5. Le
Capt. Satish Kumar Sharma Vs. Delhi Administration : 1990 ILR(Del) 203. – Relied.
Maneka Gandhi Vs. Union of India
Pritam Singh Vs. State of Punjab: (1980) CrLJ 1174. – Relied.
Sailesh Jaiswal Vs. State of West Bengal
Shri Gurbaksh Singh Sibbia Vs. State of Punjab: (1980) 2 SCC 565. – Relied.
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