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1996 DIGILAW 995 (RAJ)

Parasmal v. State of Rajasthan

1996-09-02

MOHD.YAMIN

body1996
JUDGMENT 1. - Heard. 2. Preliminary objection of the leanred Public Prosecutor is that the applicant should first go to the Court below and get his application for grant of bail cancelled and then he will come directly to this Court. 3. Learned counsel for the applicant submits that it is an exceptional case because the learned Sessions Judge, Pratapgarh, is also the Special Judge of Essential Commodities Act cases, therefore, when he has himself issued warrants of arrest against the applicant on 15.6.1996, he may not grant anticipatory bail to the applicant. Therefore, his submission is that these are exceptional circumstances and hence the applicant's anticipatory bail should be directly entertained. Reliance has been placed on Hajialisher v. The State of Rajasthan, 1976 RLW 232 . 4. I have considered the matter. In the abovesaid citation, it has been held that although the High Court has concurrent jurisdiction with the Sessions Court to grant bail under either Section 438 or 439, Criminal Procedure Code, it is, desirable that the ordinary practice should be that the lower Court should be first moved in the matter, though in exceptional cases or special circumstances, the High Court may entertain mnd decide an application for bail either of these Sections. 5. The only special circumstancein the present case is said to be that the learned Special Judge, E.C. Act, cases, is the same officer who is Sessions Judge, Pratapgarh. This is so in almost majority of districts in Rajasthan. It is only either at Jodhpur or Jaipur that separate officers have been posted by the High Court as Special Judge, E.C. Act cases, whereas in almost all the districts of Rajasthan, the situation is that the same officer is Presiding Officer over the Court of Sessions Judge as well as of Essential Commodities Act cases, it is not an exceptional circumstance. 6. Therefore, in my opinion, the applicant should first go to the learned Sessions Judge, Pratapgarh, and then, get his application decided and then only he can come in this Court. 7. In this view of the matter, this application is dismissed. 8. Record of the learned lower Court may be sent back immediately.Application dismissed. *******