Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
Live LawThe Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the Sessions. The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the Sessions Court or in case there exist exceptional circumstances. A comprising of Justice Sanjay Dhar was hearing an anticipatory bail plea wherein after the perusal of the record the court had found that the petitioner had previously moved an application for grant of anticipatory bail before the Sessions Judge, who had called the report of police without passing an interim protection order in favour of the petitioner. Subsequently the petitioner had immediately approached the High Court invoking its jurisdiction under Section 438 of CrPC.