Querist :
Anonymous
(Querist) 07 August 2011
This query is : Resolved
1)AB can be got from Sessions Court it is not necessary to go to High court. If rejected in Sessions then move to High court. Directly we cannot go to high court as we have still alternative remedy in lower court which is not exhausted.
2)For bail only we can't to go high court directly. But for a.b we can pray before high court directly.
Query: Support the case law on point on 2 & 1 becuase i have ask the LD members that can we go directly to the HC for AB then one of the LD members has said the point 1 & some LD members has said Point 2 .
so which one is right. also support the answer with the case law.
Ajay Bansal
(Expert) 08 August 2011
Any accused can go High Court directly for seeking anticipatory bail.However oftenly High Court of every state directs applicant to first go in Sessions Court for anticipatory bail.
Raj Kumar Makkad
(Expert) 08 August 2011
I agree with Ajay. There are numerous citations on this point.
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