Concurrent bail jurisdiction permits a fresh application directly before the High Court after earlier rejection, with updated disclosure required.

Concurrent bail jurisdiction under Section 439 of the Code of Criminal Procedure allows an applicant to move either the High Court or the Court of Session, and the provision does not require a petitioner to first approach the Sessions Court again after an earlier rejection by the High Court. A successive bail application is therefore maintainable directly before the High Court, subject to disclosure on oath of the current stage of trial and the police report under Section 173 so the court can assess the renewed request on updated facts.

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Issues: Whether a petitioner seeking bail under Section 439 of the Code of Criminal Procedure, 1973, is bound to approach the Sessions Court again after earlier rejection by the High Court, and whether such a successive bail application is maintainable directly before the High Court.

Analysis: Section 439 confers concurrent jurisdiction on the High Court and the Court of Session to grant bail. The choice of forum is with the applicant, and the provision does not impose a legal obligation to move the Sessions Court first merely because an earlier bail application was rejected by the High Court. A successive bail application filed directly before the High Court is therefore not barred in law. At the same time, to facilitate effective consideration of the renewed request, the applicant must disclose on oath the stage of trial and place the report under Section 173 of the Code of Criminal Procedure, 1973, so that the Court can decide the matter on the updated factual position.

Conclusion: A second or subsequent bail application is maintainable directly before the High Court without first approaching the Sessions Court, though full disclosure of the trial stage and police report is required.

Ratio Decidendi: Where a statute confers concurrent bail jurisdiction on the High Court and the Court of Session, no rule of law compels a petitioner to reapproach the Sessions Court before moving the High Court again after an earlier rejection; the applicant retains a choice of forum, subject to proper disclosure of updated facts.

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