JUDGMENT

M.L. Bhat, J. - Learned Counsel for the respondent Mr. Riaz Rasool has raised an objection to the maintainability of this application. His submission is that the-petitioner has moved for anticipatory bail before the 2nd Addl. Session Judge, Srinagar. That bail application was rejected. He cannot move a fresh bail application on the same ground under Section 497 A Criminal Procedure. Code to this court. Reliance is placed on Amiya Kumar v. State of West Bengal1. The Division Bench of the Calcutta High Court has dealt with this question and it was held that anticipatory bail can be granted by the High Court or the Sessions Court and the choice is given to the person who seeks bail in anticipation of arrest Once a person applies to Sessions Court and the Sessions Court rejects the application fresh application for grant of bail in anticipation cannot be moved before the High Court on the same grounds.

2. Mr. H.M. Sadiq has controverted this position and has referred to a Full Bench authority of Himachal Pradesh in Mohan Lal & ors. v. Prem Chand & ors.2. The Full Bench was answering the reference and the question referred to the Full Bench was:

"Is it incumbent upon an applica