SHALINI SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order will dispose of two applications.-(l) S.B. Cr. Misc. Bail Application No. 3112/1996 and (2) S.B. Cr. Misc. Bail Application No. 3107/1996 filed by petitioners Smt. Shalini Sharma & Rajesh Sharma respectively.

(2.) Heard. Perused the case diary in extenso.

(3.) At the very outset, Shri B.P. Agarwal, Learned Advocate General raised a -preliminary objection regarding maintainablity of these applications. It has been strongly urged by him that the petitioners did not file any bail applications under Sec. 438, CrPC before the learned Sessions Judge, Alwar and have directly filed these applications before this Court, whereas the continuous practice of this Curt has been to entertain the anticipatory bail application after the accused petitioner erthausts his remedy before the concerned Court of Session. For this, Shri Agarwal has placed reliance on the decisions in (1) Manzoor Ahmed vs. State of Rajasthan, 1985 RajLR 774; and (2) Kamal vs. State of Rajasthan,1991 RCrC 431), wherin it has been held that unless extra ordinary reason exists, the application under Sec. 438, CrPC should be moved before the Court of Sessions before approaching the High Court for grant of anticipatory bail.