Section 438 CrPC Doesn't Mandate That Sessions Court Must Be Moved First; But Special Circumstances Must Be Shown To Directly Approach HC : Allahabad HC Full Bench [Read Judgment]
In a significant ruling, a 5-judge bench of the Allahabad High Court clarified that under special circumstances, a person apprehending arrest may approach the High Court directly seeking anticipatory bail, without approaching the Sessions court first. Notwithstanding this concurrence, the bench observed that strong, cogent, compelling and special circumstances must necessarily be found to approach the High Court first, without the avenue as available before the Court of Sessions being exhausted. "We are of the considered view that Vinod Kumar rightly desisted from either postulating or particularizing the various circumstances in which an individual may be recognized as entitled to move the High Court directly and left it to the judicious discretion of the Court to be exercised bearing in mind the facts and exigencies of each particular case… There can never be an encyclopedic exposition as to what would constitute special circumstances. "The special circumstances the existence of which have been held to be a sine qua non to the entertainment of an application for anticipatory bail directly by the High Court must be left for the consideration of the Hon'ble Judge before whom the petition is placed and a decision thereon taken bearing in mind the facts and circumstances of that particular cause," the bench held.
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