P. S. Sahay, J. - The short point, which has to be answered in this case, is :

"If any person moves initially to the court of sessions for anticipatory bail under section 438 (1) of the Code of Criminal Procedure, 1973, and the court of Sessions rejects that application on merit, is the second application by the same person for anticipatory bail under section 438 (1) of the Code of Criminal Procedure maintainable in the High Court."

The learned Single Judge, while hearing this case at the time of admission, had his doubt and, therefore, he has referred the matter to a Division Bench at the stage of admission itself by his ORDER :dated 31.7.1984. In view of the importance of the point involved, the case was admitted on 22.10.1984 and a direction was given that the petitioner shall not be arrested during the pendency of this application.

2. This petitioner is an accused in a case under section 420 of the Indian Penal Code and a copy of the first information report has been filed which is Annexure-1. The petitioner had apprehension that he may be arrested and, therefore, he moved thy Sessions Judge on 12.6.1984 and the learned Judge, after hearing the parties, rejected the appl