ARUN MADAN Vs. STATE

JUDGEMENT

(1.) The common question that arises for consideration in all these cases is: whether a person can make an application to the High Court for anticipatory bail under Section 438 of the Code of Criminal Procedure after making a similar application under the same section to the Court of Session without success.

(2.) Mr. R.D. Jolly and Mr. R.K. Bahri, learned counsel who appeared on behalf of the State, submitted that the language of Section 438 clearly shows that the remedy for grant of bail to a person apprehending arrest is that either be can approach the High Court or the Court of Sessions and/the remedy being alternative, a person whose application for bail under Section ,.438 has been rejected by the Court of Sessions is riot entitled to approach the High Court for the same purpose. In suport of their contentions they placed reliance on a judgment of Andhra Pradesh High Court in Malta Ramarao and others vs. State, 1992 Crl.L.J. 2208.

(3.) On the contrary, Mr. B.R. Handa, Senior Advocate and Mr. I.U. Khan, advocate, appearing on behalf of the petitioners in their respective cases, submitted that there is no provision in the Code of Criminal Procedure which bars a person to approach the High Court after his application for anticipatory bail has been rejected by the Court of Session. They further submitted that in terms of Section 397(1) of the Code of Criminal Procedure revisional jurisdiction can be exercised by a Sessions Judge or High Court. Sub-section (3) of Section 397 of the Code says that if an application for exercise of revisional powers has been made by any person either to the High Court or to a Sessions Judge, no rther application by the same person shall be entertained by either of them. However, there is no such provision analogous to Sub-section (3) of Section 397 of Code of Criminal Procedure regarding grant of anticipatory bail. In suport of their contentions, learned counsel for the petitioners placed reliance on the following judgements. Suraj Bhan and others Vs State, 17(1980) D.L.T. 535, Diptendu Nayek and others vs. The State of Wcst Bengal, 1989(1) Crime 435 (FB) and Mohan Lal and others vs Prem Chand and others, AIR 1980 HP 36 (FB).