BEFORE
HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
21.02.2026
[1] Present Mr. W. Darakishwor, learned Special PP for the
CBI along with Ms. H. Lenina, learned counsel and Mr. Sunil Kesla, Dy.
SP, CBI and Mr. Serto T Kom, learned counsel along with Mr. RP.
Daida, learned counsel on behalf of the sole respondent.
[2] The present criminal petition has been filed by the CBI
challenging the impugned order dated 05.02.2026 passed by the
learned Sessions Judge, Churachandpur in Cril.Misc.(AB) Case No. 1
of 2026 whereby the respondent herein is granted interim anticipatory
bail for 15 days w.e.f. 05.02.2026 to 19.02.2026 with certain conditions.
[3] The main ground for challenge is that the place of
occurrence is in Champhai District, Mizoram and the learned Sessions
Judge, Churachandpur has no territorial jurisdiction for entertaining an
anticipatory bail application as a jurisdictional Court. The Hon’ble
Supreme Court held in the case of Priya Indoria vs. State of
Karnataka: (2024) 4 SCC 749 that the High Court and Sessions Court
can pass transit interim anticipatory bail so as to enable the accused to
approach jurisdictional Court.
