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Can I directly go to the High Court for anticipatory bail
22-Jun-2023 (In Criminal Law)
Sir/Madam , A person has lodged an F.I.R u/s-379/325/506/406/354(B)/386/120B & 34 IPC against my mother & against me & the said F.I.R has been started by the order of the ACJM & later , the local police station has given us notice U/S-41A Cr.Pc . So my question is that in this situation can we approach the High Court for praying anticipatory bail without going to the Sessions court ? Is it possible according to law ? because the said case is totally false & concocted .
Yes you can approach Hon'ble High Court for anticipatory bail u/s 438 CrPC but it's better to move your petition under the section first in the Sessions Court because you can get a second chance if your bail petition is rejected in the Sessions Court.
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Adv. Bandhupriya Dey
Murshidabad | 25+ Answers
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Yes you can always go to the high court directly but before that you need to reply to the notice issued under sec. 41. However it is always advisable to first approach the district court depending on the existing situation.
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Adv. Bikram Sarkar
Kolkata | 25+ Answers
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Yes you can go to the high court directly for anticipatory bail. I provided the ld court would grant the hearing and then send t oder to be complied by lower or session court. Moreover its posibble in youe case to reject your plea as it has to be rejected by lower court.
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Adv. Shanti Priya Das
Kolkata | 25+ Answers
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The answer of your question in brief is Yes. The sessions court and High Court has concurrent jurisdiction to deal with the cases of anticipatory bail. Local police gave you a notice u/s 41 Cr.P.C that means he did not find any material /evidence against you on the allegation(s) which provides more than 7yrs. punishment. Meet the I.O and explain your case or go to High Court.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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Under section 438 CRPC both the court of session and high court has power to deal with the application of anticipatory bail.but I don't know why u want to approach directly to high court where the order has same effect.
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Adv. Debasis Mitra
Kolkata | 25+ Answers
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