RIZWAN BASHIR NATH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioners have invoked the jurisdiction of this Court under Sec. 439 of Cr.P.C, for grant of bail in FIR No.117/2021, for offence under Sec. 363, 376, 392, 201, 109 IPC and 6, 17 and 18 of POCSO Act, registered with Police Station Batamalloo.

(2.) During the course of hearing, learned counsel for the petitioners was asked as to whether the petitioners have approached the trial court for grant of bail, to which he responded that the petitioners have already approached the trial court for grant of bail but their application is not being considered and decided by the trial court which has compelled them to approach this Court by way of filing this application.

(3.) It is true that the High Court and the Sessions Court have concurrent jurisdiction to entertain bail applications under the provisions of Sec. 439 Cr.P.C. but normally a person should, in the first instance, approach Sessions Court before approaching the High Court for grant of bail. It is only in exceptional circumstances that the accused can approach the High Court directly without first exhausting his remedy before the Sessions Court.