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CHHATTISGARH HIGH COURT
Presiding Judge, J
Hare Ram Sharma – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. maintainability of bail applications directly in high court. (Para 1 , 2) |
| 2. explanation of circumstances leading to applicants seeking anticipatory bail. (Para 3 , 4) |
| 3. concurrent jurisdiction of high court and sessions court in granting anticipatory bail. (Para 7 , 8) |
| 4. guidelines for when direct applications can be filed in high court. (Para 10 , 11) |
| 5. justification for approaching the sessions court before the high court. (Para 12 , 13 , 16) |
| 6. final ruling on the dismissal of applications. (Para 18 , 19 , 20) |
1. These two bail applications under S.438 of the Code of Criminal Procedure , 1973 (for short 'the Cr.P.C.') have been filed by the applicants directly before the High Court without availing the remedy before the Sessions Court. On 21 August, 2020 when these two bail applications were listed separately, this Court posted the same for hearing on maintainability.
2. On 16 September, 2020 learned counsel appearing for the applicants placed reliance on an order passed by another Single Bench of this Court in Ratnesh Singh Chouhan v. State of Chhattisgarh , MCRCA No.918 of 2019 [decided on 23-7-2019] to argue that anticipatory bail applications can be filed d
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