‘Approach Sessions Court for anticipatory bail’

CUTTACK: The Orissa High Court has opined that it should not be directly approached for grant of anticipatory bail. Justice SK Panigrahi said though the Sessions Courts and the High Court are conferred with concurrent jurisdiction for entertaining prayers for anticipatory bail under section 438 of Criminal Procedure Code (CrPC), the Sessions Court should be approached first in such cases. While disposing of an application for anticipatory bail on Monday, Justice Panigrahi said, “It is inherent in the scheme of things that when two alternative forums are provided in law for seeking directions for anticipatory bail, one lower and another higher, it is prudent to approach the lower court first and then the higher”. 

He said there is a conflict of opinion among various High Courts as the CrPC does not prescribe any specific order in which the two alternative forums are to be approached. It is left to the option of the applicant to move the Sessions Court of High Court for anticipatory bail, one after the other or otherwise. 
Justice Panigrahi said, “Whenever concurrent jurisdiction is retrained under the statute simultaneously in two courts of one is superior than the other, it is appropriate that the party should apply to the subordinate court first, then the High Court”. 

Justice Panigrahi said grant of anticipatory or regular bail requires application, scrutiny of facts and going through the entire materials on record. “In this context if the Sessions Court has already applied its mind and passed the appropriate order, it would be easy for the High Court to look into or have a cursory glance of the observation made by the Sessions Court and dispose of the case with expedition,” he observed.