9911796707
TMI Blog2010 (1) TMI 1314X X X X Extracts X X X X X X X X Extracts X X X X ..... The grievance of the petitioner at the time of filing of this petition was that on account of Look Out Circular issued against him, his passport had been impounded and he was not being allowed by the authorities in Dubai to come to India, though he wanted to surrender before the competent court in Delhi. 3. Mr. O.P. Wadhwa, learned Counsel for the petitioner, informs that the proceedings initiated against the petitioner at Dubai have since been dropped on 29.12.2009 and now there is no restriction on the petitioner coming to India and his passport has also been released. 4. According to Mr. Wadhwa, since the petitioner is wanted in a case registered under Sections 302/307/120B/34 IPC, his apprehension is that he would be arrested from airpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s fit for grant of bail or anticipatory bail as the case may be, discretion in such a case would be exercised by the Court of Sessions in favour of the petitioner. It is only those cases where the discretion has not been correctly exercised by the Court of Sessions that need to come up before the High Court for its consideration. This would also enable the High Court to have advantage of application of mind by the Court of Sessions before it is called upon to examine the same set of facts. No doubt, the High Court has jurisdictional competence to entertain an application under Section 438/439 of Cr.PC even at the first instance and it is only a self-imposed restriction, that has been imposed by the Superior Courts as a matter of practice. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceptional circumstances, is that sometimes the courts come to express opinion on the merits of the case, while passing orders on bail applications. The High Court being the Superior Court, any expression of opinion by it may sometimes prejudice the trial in lower courts, though it may happen only in a very few cases. In any case, the Courts of Sessions being more easily accessible and the disposal of the bail applications by the Court of Sessions being faster, there is no good reason for coming directly to the High Court unless the facts and circumstances of the case justify such a course of action. Similar view was taken by the Gujarat High Court in Rameshchandra Kashiram Vora and etc. v. State of Gujarat and Anr. 1988 Crl. L.J. 210; Karna ..... X X X X Extracts X X X X X X X X Extracts X X X X
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