Back
SANJAY KUMAR, N. V. ANJARIA
Manjeet Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER
Leave granted.
2. The impugned orders reflect that the High Court did not take note of the fact that it exercises concurrent jurisdiction along with the Sessions Court insofar as grant of anticipatory bail, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is concerned.
3. This Court’s decisions in “Kanumuri Raghurama Krishnam Raju Vs. State of A.P”, (2021) 13 SCC 822 and “Arvind Kejriwal vs. Directorate of Enforcement”, 2024 INSC 512 : (2024) 5 Supreme 359 made this position clear and declared that it would not be necessary for an accused to approach the Sessions Court in the first instance, as a rule, before approaching the High Court.
4. Further, we are informed that a larger Bench of the High Court, comprising five Judges, dealt with the issue as to in what circumstances an accused could seek anticipatory bail directly from the High Court.
5. The larger Bench answered the reference as follows:
“Question (i) and (iv) clearly do not merit any elucidation for it is for the concerned Judge to assess whether special circumstances do exist in a particular case warranting the jurisdiction of the High Court being invoked directly. We answer Questions (ii) a
Anticipatory bail – High Court exercises concurrent jurisdiction along with Sessions Court insofar as grant of anticipatory bail, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, is con....
The High Court has concurrent jurisdiction with the Sessions Court to grant anticipatory bail but should generally require applicants to first seek relief from the Sessions Court unless exceptional c....
The High Court has concurrent jurisdiction with the Sessions Court to grant anticipatory bail, but should only entertain direct applications in exceptional circumstances.
Application for grant of anticipatory bail directly in High Court without first approaching Sessions Court is certainly maintainable – However, if anticipatory bail applications are entertained in ea....
The High Court retains discretion to entertain anticipatory bail applications directly, but encourages applicants to first approach the Sessions Court unless exceptional circumstances exist.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
