Jagdeo Prasad vs. State of Bihar - CrPC/BNSS - Anticipatory Bail - Concurrent Jurisdiction

Code of Criminal Procedure 1973- Section 438 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 -Concurrent jurisdiction to the High Court and Sessions Court for entertaining applications for anticipatory bail- High Court should always encourage exhausting an alternative/concurrent remedy before directly interfering itself. This approach balances the interests of all the stakeholders, first by giving the aggrieved party a round of challenge before the High Court. Second, this approach provides the High Court an opportunity to assess the judicial perspective so applied by the Sessions Court, in concurrent jurisdiction, instead of independently applying its mind from the first go. Further, the High Court fails to record any reason for directly granting anticipatory bail without impleading the appellant-complainant as a party. (Para 6)

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High Courts Should Discourage Direct Filing Of Anticipatory Bail Pleas, Ask Parties To Approach Sessions Court First: Supreme Court

The Supreme Court has once again cautioned High Courts against directly entertaining anticipatory bail applications, stressing that litigants should ordinarily be directed to first approach the…

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