Anticipatory bail can be sought directly in High Court; prior approach to Sessions Court is not required.

Section 438 of the Code of Criminal Procedure, 1973 confers concurrent jurisdiction on the High Court and the Court of Sessions to consider anticipatory bail. An applicant need only show a reasonable apprehension of arrest on an accusation of a non-bailable offence, and the provision does not require prior rejection by the Sessions Court. The discretion to grant or refuse relief remains case-specific and cannot be narrowed by any practice developed under the earlier Code. An anticipatory bail application may therefore be moved directly before the High Court without first approaching the Court of Sessions.

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Issues: Whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is maintainable in the High Court without first moving and obtaining rejection from the Court of Sessions.

Analysis: Section 438 confers concurrent jurisdiction on the High Court and the Court of Sessions to entertain an application for anticipatory bail. The provision requires only a reasonable apprehension of arrest on an accusation of a non-bailable offence, and it does not impose any that the applicant must first approach the Sessions Court. The power to grant or refuse anticipatory bail is discretionary, and that discretion is to be exercised according to the facts and circumstances of each case. A practice evolved in relation to revisions under the earlier Code cannot curtail the express language of Section 438 or fetter the statutory discretion of the Court.

Conclusion: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 may be moved directly in the High Court without first approaching the Court of Sessions.

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