( 1 ) THESE are applications filed under S. 438 of the Code of Criminal Procedure, 1973 (the Code ).

( 2 ) UNDER S. 438 (1) the High Court and the Court of Session have concurrent jurisdiction to grant anticipatory bail. That section provides that a person apprehending arrest on an accusation of having committed a non-bailable offence "may apply to the High Court or the Court of session for a direction that in the event of his being arrested he shall be released on bail". Since this Court and Court of session have got concurrent jurisdiction in the matter either of them could be moved by the person concerned.

( 3 ) THE question is : is it not desirable for this Court to impose certain limitation in the matter of entertaining such applications at the first instance ?

( 4 ) THIS Court can adopt such a course only if it serves the ends of justice and not otherwise.

( 5 ) APART from S. 438 there are other provisions in the Code which have Invested this Court and the Court of Session with concurrent jurisdiction. For example S. 439 of the Code is one such. It enables these Courts to grant bail to a person in custody. Similarly S. 397 of the Code has invested both this