https://www.taxtmi.com/caselaws?id=295078 Section 438 of the Code of Criminal Procedure confers concurrent jurisdiction on the High Court and the Court of Session, so an anticipatory bail application may be filed directly before the High Court without first approaching the Court of Session. A filing-stage practice of returning such applications for prior recourse to the subordinate forum cannot override the statute. The choice of forum also supports the protection of personal liberty under Article 21. The Court noted that it may, in a suitable case, direct a party to approach the Court of Session, but that is a matter of judicial discretion and not a mandatory precondition. en-us Tue, 02 Feb 1993 00:00:00 +0530 Tue, 18 May 2021 14:23:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295078 Section 438 of the Code of Criminal Procedure confers concurrent jurisdiction on the High Court and the Court of Session, so an anticipatory bail application may be filed directly before the High Court without first approaching the Court of Session. A filing-stage practice of returning such applications for prior recourse to the subordinate forum cannot override the statute. The choice of forum also supports the protection of personal liberty under Article 21. The Court noted that it may, in a suitable case, direct a party to approach the Court of Session, but that is a matter of judicial discretion and not a mandatory precondition. Case-Laws Indian Laws Tue, 02 Feb 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295078