Concurrent bail jurisdiction under Section 439 still requires prior approach to the Court of Session before seeking High Court relief.

The jurisdiction to consider regular bail under Section 439 of the Code of Criminal Procedure is concurrent in the High Court and the Court of Session, but established practice requires the accused to approach the Court of Session first. Applying that practice, the High Court declined to examine the merits of the bail plea at this stage and left the petitioner free to raise all contentions before the Court of Session.

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Issues: Whether the High Court should entertain the regular bail application under Section 439 of the Code of Criminal Procedure, 1973 when the petitioner had not first approached the Court of Session.

Analysis: The jurisdiction to grant bail under Section 439 is concurrent in the High Court and the Court of Session. However, the established practice is to approach the Court of Session first and then move the High Court. In the present matter, the Court declined to enter upon the merits of the bail plea at this stage and left the petitioner free to raise all contentions before the Court of Session.

Conclusion: The bail application was not entertained by the High Court at this stage and the petitioner was directed to seek regular bail before the Court of Session.

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