DIWAN SINGH Vs. STATE

JUDGEMENT

(1.) FOR granting anticipatory bail under Section 497-A Cr. P. C. concurrent jurisdiction has been vested in the High Court and the Court of Session. Whether an applicant, whose application for such bail has been rejected by a Session Court, can legally maintain another application before the High Court for grant of anticipatory bail or for that matter, remedy of revision under Section 439 Cr. P. C. before the High Court alone is available? And whether a Special Judge, Anti - Corruption possesses any jurisdiction and power under Section 497 -A Cr. P. C. for granting anticipatory bail to a person accused of an offence of Corruption under the provisions of RPC or prevention of Corruption Act 2006? And if yes whether such power is exclusive or can also be exercised by a Session Court? These are important questions of law, which have arisen for determination in Bail application No. 62/2003.

(2.) AS Bail Application No. 58/2003, also relates to the same FIR in which Bail Application No. 62/2003 has been filed, therefore, both these applications are being taken together for disposal and are being disposed of by this common order.

(3.) BEFORE answering the questions of law formulated as above, it would be appropriate to take notice of the necessary facts.