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VIKRAMAJIT SEN,J.

1. Leave granted.

2. A neat legal nodus of ubiquitous manifestation and gravity has arisen before us. It partakes the character of a general principle of law with significance sans systems and States. The futility of the Appellant’s endeavours to secure anticipatory bail having attained finality, he had once again knocked at the portals of the High Court of Judicature at Bombay, this time around for regular bail under Section 439 of the Code of Criminal Procedure (CrPC), which was declined with the observations that it is the Magistrate whose jurisdiction has necessarily to be invoked and not of the High Court or even the Sessions Judge. The legality of this conclusion is the gravemen of the appeal before us. While declining to grant anticipatory bail to the Appellant, this Court had extended to him transient insulation from arrest for a period of four weeks to enable him to apply for regular bail, even in the face of the rejection of his Special Leave Petition on 28.1.2014. This course was courted by him, in the event again in vain, as the bail application preferred by him under Section 439 CrPC has been dismissed by the High Court in terms of the impugned Order dated 6.2.2014. His supplications to the Bombay High Court were twofold; that the High Court may permit the petitioner to surrender to its jurisdiction and secondly, to enlarge him on regular bail under Section 439 of the Code, on such terms and conditions as may be deemed fit and proper.

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28. The appeal is allowed in the above terms.

.....................J. [K.S.RADHAKRISHNAN] ........................J. [VIKRAMAJIT SEN] New Delhi; 

March 27,     2014.



ITEM NO.1C (For Judgment)               COURT NO.7               SECTION IIA

              S U P R E M E            C O U R T   O F    I N D I A
                                    RECORD OF PROCEEDINGS


                         Mr.     Aditya Soni,Adv.
                         Ms.     Christine,Adv.
                         Mr.     Nikhil Jain,AOR

For Respondent(s)        Mr. R.C. Gubrele,AOR

Hon’ble Mr. Justice Vikramajit Sen pronounced the judgment of the Bench comprising Hon’ble Mr. Justice K.S. Radhakrishnan and His Lordship.

Leave granted.

The appeal is allowed in terms of the signed judgment.




 (NARENDRA PRASAD)                 (RENUKA SADANA)
    COURT MASTER                   COURT MASTER