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Jammu Bench of JKL HC

Whether Sec 438 of Code of Criminal Procedure 1973 empowers to grant anticipatory bail by any High Court or Court of Sessions within the Country irrespective of the Place of Commission of Offence | High Court of J&K and Ladakh

The Bench of Justice Mohan Lal has observed that the High Court having the territorial/geographical limits where the offences are allegedly committed has the power/jurisdiction u/s 438 of Code of Criminal Procedure for granting anticipatory bail, and High Court of each State shall exercise its powers within the State without encroaching upon or interfering within the jurisdiction of other High Courts.

J. Manhas at Srinagar Wing of HC

Fake Currency Racket | Accused cannot be detained by way of punishment even if prima facie case is against the accused: J&K High Court

the High Court of J&K and Ladakh comprising of Justice Mohan Lal Manhas has observed that even if prima facie case is established against accused, the approach of the court in granting bail should be that the accused should not be detained by way of punishment, and regarding influencing of witnesses, the material witnesses cannot be expected to be win over by the accused.

Srinagar Bench of J&K&L HC

J&K High Court | Once the Court is satisfied that a cognizable offence seemed to have been committed, order for registration of FIR shall follow.

The Court observed that there is a contradiction in the order passed by the Court below. While on one hand, the learned Magistrate appears to be satisfied that cognizable offences seemed to have been committed on the basis of averments made in the complaint, on the other hand, the learned Magistrate has forwarded the complaint to be looked into by the Crime Branch with a further direction to register a case only if some cognizable offences are found to have been committed.