Shiv Kumar Sharma, J. - (1.) Heard learned counsel for the petitioners and the learned Public Prosecutor.
(2.) Meaningful question springs up for consideration in the instant matter is as to whether the provisions contained in Section 438 Cr.PC. can be utilised when the case of the comtemplated Criminal proceedings would be in some other States ? This question arises in the circumstances set-out below:-
(3.) Apprehending arrest in a Special Crime Case No. 105/2000 registered at Khandani Virodhi Kaksha, Crime Branch, Mumbai for the offence under Sections 323, 344, 347, 365, 368, 386 read with Section 34 IPC. The petitioner Rajendra Moondra has moved an application under Section 438 Cr.P.C. along with an affidavit to the effect that since beginning of this month, around December, 2000 he has been continuously receiving messages at Jaipur from his friends and well wishers at Mumbai that the police of Khandani Virodhi Kaksha, Crime Branch, Mumbai is seriously contemplating to come to Jaipur for arresting him in a F.I.R. No. 105/2000. During the last 2-3 days, his family members have noticed on couple occasions, certain strange faces wandering in the vicinity of his residence in Sangram Colony, 'C' Scheme, Jaipur. During 4-5 days, his partner Miss Sudha Sharma and his daughter-in-law Smt. Abha have received blind calls on their home telephone in which the caller was keen to ascertain whereabout of the petitioner. Under these circumstances, the petitioner has strong apprehension at Jaipur to arrest him by Mumbai Police. The petitioner, therefore, prayed that the he may be released on interim bail for a fixed period so that he may be approach the competent Court at Mumbai seeking anticipatory bail under Section 438 Cr.RC.;