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Issues: Whether persons seeking anticipatory bail should ordinarily move the Court of Session in the first instance, and whether the High Court should entertain such applications directly only in special circumstances.
Analysis: Under the Code of Criminal Procedure, 1973, the High Court and the Court of Session have concurrent jurisdiction to grant anticipatory bail. The Court treated this concurrent power as comparable to other concurrent jurisdictions under the Code and noted that the Sessions Court is capable of granting effective relief. It further considered the practical advantages of first approaching the Sessions Court, including convenience, expedition, assistance from local prosecution, and reduction of pressure on the High Court. At the same time, it recognised that the rule is not absolute and that the High Court may entertain an application directly where special reasons or circumstances make such recourse necessary in the interests of justice.
Conclusion: A person seeking anticipatory bail should normally approach the Court of Session first, and the High Court should entertain the application at the first instance only where special reasons justify departure from that normal rule. On the facts, no sufficient special circumstances were made out, and the petitions were dismissed.
Ratio Decidendi: Where two courts have concurrent jurisdiction to grant anticipatory bail, the litigant should ordinarily invoke the jurisdiction of the Court of Session first, subject to departure only when the interests of justice require direct recourse to the High Court.
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