9911796707
TMI Blog2001 (6) TMI 827X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate in the Trial Court to mislead the Court. Elaborating the same, he contended that on issuance of notice by the learned Sessions Judge to the learned Prosecutor, the filing of two petitions simultaneously was brought to the notice of the Court and when the Court enquired, as is noted in the order sheet, the Counsel appearing for the petitioner in the Sessions Court has submitted that the Cri. Misc. No. 265 of 2001 was the only application filed under Section 438 of the Cr. P.O. for the relief of anticipatory bail, whereas Cr. P. No. 1387 of 2001 (the present petition) filed before the High Court is for seeking direction from the High Court to expedite the hearing of Cri. Misc. No. 265 of 2001. As such it is contended by the learned Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his part or on the part of the petitioner. 3. He further contended that as under Section 438 of the Cr. P.C. both Sessions Court and High Court have been vested with concurrent jurisdiction filing of two petitions simultaneously cannot be a bar especially taking into consideration the peculiar facts and circumstances of the case. 4. I have heard both sides in detail. No doubt, under Section 439 of the Cr. P.C. both the Sessions Court and the High Court have concurrent jurisdiction to consider the application of an accused to enlarge him on bail. But, that does not mean that an accused can file bail applications simultaneously before both the Courts. Keeping in view the word or used in the section, which indicates that bail applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill be more speedy disposal since the investigation reports or case papers also can be summoned immediately. There is no reason to believe that Sessions Court will not act in accordance to law and pass appropriate order. In a given case if any accused is grieved his further remedy would be to approach the High Court. In such case, the High Court will also have the benefit of the reasons given by the Sessions Court. As such, looking at the case from any angle, in my view, simultaneous filing of application for bail in both the Sessions Court and the High Court is impermissible. Hence, in the present case also, this petition before this Court is not maintainable one, in view of the admitted fact that the petitioner has already approached the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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