Excelsior Correspondent
SRINAGAR, Oct 27: The High Court has observed that it should encourage exhausting of an alternative remedy before interfering itself in the bail applications, and dismissed an application seeking pre-arrest bail with the liberty to the applicant to approach the appropriate court.
Justice Javed Iqbal Wani dismissed an application of one Vikas Kumar, seeking pre-arrest bail in FIR registered with Police Station Pulwama for commission of offence of cheating and criminal conspiracy by giving him liberty to first approach the court for seeking bail in anticipation.
It was pleaded that though the petitioner-Kumar initially along with other co-accused persons mentioned in the FIR, filed an application for grant of anticipatory bail before the Additional Session Judge Pulwama on 07-01- 2025, and an interim bail thereof was granted to all the accused including the petitioner by the said court till 20-02-2025.
Justice Wani while dismissing the bail application underscored the ruling of apex court wherein it has been held the scheme of Criminal Code Procedure code 1973 (now BNSS 2023) provides concurrent jurisdiction to High Courts and Sessions Court for entertaining application for anticipatory bail.
“High Court should always encourage exhausting of an alternative/ concurrent remedy before directly interfering itself as this approach balances the interests of all stakeholders, first by giving the aggrieved party a round of challenge before High Court and 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”, Justice Wani said.
Resultantly the application fails and is accordingly dismissed. However, the dismissal of the instant application shall not stand in the way of petitioner herein in seeking bail in anticipation of his arrest before appropriate court,” court said.
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