J& amp;K Ladakh High Court asks petitioner to approach sessions court first for pre-arrest bail The Jammu & amp; Kashmir and Ladakh High Court on Monday held that without actually exhausting the remedy of filing of pre-arrest bail application before the court of first instance, one can’t invoke the High Court’s jurisdiction unless there are compelling and exceptional circumstances. The Court stated that although, Section 438 CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider a bail application of an accused, as a matter of ordinary practice, High Court does not entertain application of a person under Section 438 CrPC unless the said person has approached and exhausted the remedy before the Court of first instance. The Court said it is only in exceptional cases and in special circumstances that the High Court may entertain an application under Section 438 of CrPC without insisting upon filing of such application before the court of Sessions in the first instance. The team at Reddy and Reddy Law Firm constitutes of legal professionals’ who are experts at handling matters related to Criminal Law.
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