Swarna Shukla –
Published On: December 2, 2021 at 19:50 IST
Keeping in mind that the Defendant was unable to complete the early Bail Appeal in the Sessions Court, the High Court ruled that the Defendant’s allegations under Section 438 of Criminal Procedure Code (CrPc) could only be accepted in exceptional circumstances.
The Bench of Justice Sanjay Dhar stated, “It is only in exceptional cases and special circumstances that the HC may entertain an application under Section 438 of CrPc without insisting upon the filing of such application before the Sessions Court in the first instance.”
The Petitioner alleged through lawyer Umar Mir that police could not seek Anticipatory Bail in front of the Judge because police were monitoring the front gate of the Baramulla court and arrested the arrest there.
Furthermore, the Jammu and Kashmir Court, “A perusal of the application reveals that before invoking the jurisdiction of this Court, the Petitioner has not exhausted the remedy of making an application for grant of anticipatory bail before the Special Court concerned.”
The Jammu and Kashmir high Court said that the Petitioner was seeking bail in anticipation of his arrest and had physically surrendered himself before the Court at the time of applying.
However, the Court said that it had not expressed any opinion on the merits of the case and that the Petitioner could approach the Court of the first instance.