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Judgment
Sanjay Dhar, J
The petitioners have invoked the jurisdiction of this Court under Section 439 of Cr.P.C, for grant of bail in FIR No.117/2021, for offence under Section 363, 376, 392, 201, 109 IPC and 6, 17 and 18 of POCSO Act, registered with Police Station Batamalloo.
During the course of hearing, learned counsel for the petitioners was asked as to whether the petitioners have approached the trial court for grant of bail, to which he responded that the petitioners have already approached the trial court for grant of bail but their application is not being considered and decided by the trial court which has compelled them to approach this Court by way of filing this application.
It is true that the High Court and the Sessions Court have concurrent jurisdiction to entertain bail applications under the provisions of Section 439 Cr.P.C. but normally a person should, in the first instance, approach Sessions Court before approaching the High Court for grant of bail. It is only in exceptional circumstances that the accused can approach the High Court directly without first exhausting his remedy before the Sessions Court.
In the instant case, the petitioners have admittedly approached the trial court and their application for grant of bail is pending before the said court. In this view of the matter, the application invoking jurisdiction of this Court under Section 439 Cr.P.C, when the bail application of the petitioners is pending before the trial court, is not maintainable. It is impermissible for a person to invoke jurisdiction of two courts at same time for the same relief, even if both the Courts have jurisdiction to entertain the applications.
The application is, therefore, not maintainable and the same is dismissed. However, the learned trial Court is directed to decide the application of the petitioners for grant of bail in accordance with law on its own merits expeditiously.
Copy of this order be sent to learned trial court.