https://www.taxtmi.com/caselaws?id=295102 Section 438 confers concurrent jurisdiction on the High Court and the Court of Session for anticipatory bail applications by a person apprehending arrest for a non-bailable offence. The provision is distinct from Section 439, which applies after arrest and custody. Because the statutory language gives an alternative forum and does not impose a mandatory hierarchy, an accused may choose either court. Any practice requiring first recourse to the Court of Session cannot override that statutory right. en-us Fri, 02 Nov 2018 00:00:00 +0530 Wed, 19 May 2021 08:37:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295102 Section 438 confers concurrent jurisdiction on the High Court and the Court of Session for anticipatory bail applications by a person apprehending arrest for a non-bailable offence. The provision is distinct from Section 439, which applies after arrest and custody. Because the statutory language gives an alternative forum and does not impose a mandatory hierarchy, an accused may choose either court. Any practice requiring first recourse to the Court of Session cannot override that statutory right. Case-Laws Indian Laws Fri, 02 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295102