Sessions Court first approach is the normal course for bail applications, with direct High Court access only exceptionally.

Sections 438 and 439 of the Code of Criminal Procedure confer concurrent jurisdiction on the High Court and the Court of Session, but the ordinary course is to first seek bail before the Sessions Court. For anticipatory bail, the applicant may choose the forum, yet that choice does not create an absolute right to immediate High Court consideration. For regular bail under Section 439, approaching the Sessions Court first allows the High Court to benefit from the earlier view if the matter is renewed. Direct recourse to the High Court remains available in exceptional circumstances.

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Issues: Whether a person seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, or regular bail under Section 439 of the Code of Criminal Procedure, 1973, must ordinarily exhaust the remedy before the Sessions Court before approaching the High Court.

Analysis: The relevant provisions confer concurrent jurisdiction on the High Court and the Court of Session. For anticipatory bail, the applicant has a choice of forum, but that choice is not an absolute right to insist on immediate consideration by the High Court. For bail under Section 439, the normal course is to approach the Sessions Court first where concurrent jurisdiction exists, so that the High Court may later have the benefit of the Sessions Court's view if the matter is renewed before it. The Court also noted the practical need to reduce the burden on the High Court and to use the Sessions Court as the first forum in the ordinary course. At the same time, the rule is not inflexible and exceptional circumstances may justify a direct application to the High Court.

Conclusion: Normally, an applicant must first exhaust the remedy before the Sessions Court and thereafter approach the High Court under Sections 438 or 439, but the High Court may be approached directly in exceptional circumstances.

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