Skip to main content

Every Court Of Session Not Empowered To Grant Anticipatory Bail


A full bench of Patna High Court in District Bar Association vs. State of Bihar, has deliberated on the difference between a Sessions Judge and Court of Session, a Sessions judge and an Additional/Assistant Sessions Judge. The bench comprising Chief Justice of Patna High Court IA Ansari, Justice Navaniti Prasad Singh and Justice Chakradhari Sharan Singh, made this discussion while dealing with a public interest litigation by the district Bar Association which had challenged a circular issued by High Court wherein it had directed that the applications, seeking pre-arrest/ anticipatory bail, shall be filed before the Sessions Judge, who, shall, in turn, distribute such applications amongst the senior Additional Sessions Judges. According to the Bar Association, under Section 438 of the Code of Criminal Procedure, every Court of Session has been empowered to issue directions for pre-arrest/anticipatory bail and, hence, the circular is illegal. The bench observed that a Court of Session shall, ordinarily, mean not only the Sessions Judge’s Court, but also the Courts of Additional and Assistant Sessions Judges. Referring to Section 9 of the Code of Criminal Procedure, the court also observed that an Additional Sessions Judge or Assistant Sessions Judge cannot be regarded as a Sessions Judge, for while a Sessions Judge presides over the Court of Session constituted for a sessions division, an Additional Sessions Judge or Assistant Sessions Judge merely exercises jurisdiction in such a Court of Session. Wherever the Code intended that the power can be exercised only by a Sessions Judge, the Code has used the expression ‘Sessions Judge’ and not ‘Court of Session’, the Bench observed. With respect to the main issue of legality of the circular issued, the court observed that the scheme of the Code , shows that ordinarily, it is only the high court and the Sessions Judge, who can exercise powers under Sections 438 and 439 inasmuch as the overall control of administration, in a given sessions division, rests in the Sessions Judge. As the Sessions Judge does not include Additional/Assistant Sessions Judge, the court upheld the circular issued by rejecting the argument that every Court of Session has been empowered to issue directions for pre-arrest/anticipatory bail.

A full bench of Patna High Court in District Bar Association vs. State of Bihar, has deliberated on the difference between a Sessions Judge and Court of Session, a Sessions judge and an Additional/Assistant Sessions Judge. The bench comprising Chief Justice of Patna High Court IA Ansari, Justice Navaniti Prasad Singh and Justice Chakradhari Sharan Singh, made this discussion while dealing with a public interest litigation by the district Bar Association which had challenged a circular issued by High Court wherein it had directed that the applications, seeking pre-arrest/ anticipatory bail, shall be filed before the Sessions Judge, who, shall, in turn, distribute such applications amongst the senior Additional Sessions Judges. According to the Bar Association, under Section 438 of the Code of Criminal Procedure, every Court of Session has been empowered to issue directions for pre-arrest/anticipatory bail and, hence, the circular is illegal. The bench observed that a Court of Session shall, ordinarily, mean not only the Sessions Judge’s Court, but also the Courts of Additional and Assistant Sessions Judges. Referring to Section 9 of the Code of Criminal Procedure, the court also observed that an Additional Sessions Judge or Assistant Sessions Judge cannot be regarded as a Sessions Judge, for while a Sessions Judge presides over the Court of Session constituted for a sessions division, an Additional Sessions Judge or Assistant Sessions Judge merely exercises jurisdiction in such a Court of Session. Wherever the Code intended that the power can be exercised only by a Sessions Judge, the Code has used the expression ‘Sessions Judge’ and not ‘Court of Session’, the Bench observed. With respect to the main issue of legality of the circular issued, the court observed that the scheme of the Code , shows that ordinarily, it is only the high court and the Sessions Judge, who can exercise powers under Sections 438 and 439 inasmuch as the overall control of administration, in a given sessions division, rests in the Sessions Judge. As the Sessions Judge does not include Additional/Assistant Sessions Judge, the court upheld the circular issued by rejecting the argument that every Court of Session has been empowered to issue directions for pre-arrest/anticipatory bail.

Read more at: http://www.livelaw.in/court-session-not-empowered-grant-anticipatory-bail-patna-hc/
A full bench of Patna High Court in District Bar Association vs. State of Bihar, has deliberated on the difference between a Sessions Judge and Court of Session, a Sessions judge and an Additional/Assistant Sessions Judge. The bench comprising Chief Justice of Patna High Court IA Ansari, Justice Navaniti Prasad Singh and Justice Chakradhari Sharan Singh, made this discussion while dealing with a public interest litigation by the district Bar Association which had challenged a circular issued by High Court wherein it had directed that the applications, seeking pre-arrest/ anticipatory bail, shall be filed before the Sessions Judge, who, shall, in turn, distribute such applications amongst the senior Additional Sessions Judges. According to the Bar Association, under Section 438 of the Code of Criminal Procedure, every Court of Session has been empowered to issue directions for pre-arrest/anticipatory bail and, hence, the circular is illegal. The bench observed that a Court of Session shall, ordinarily, mean not only the Sessions Judge’s Court, but also the Courts of Additional and Assistant Sessions Judges. Referring to Section 9 of the Code of Criminal Procedure, the court also observed that an Additional Sessions Judge or Assistant Sessions Judge cannot be regarded as a Sessions Judge, for while a Sessions Judge presides over the Court of Session constituted for a sessions division, an Additional Sessions Judge or Assistant Sessions Judge merely exercises jurisdiction in such a Court of Session. Wherever the Code intended that the power can be exercised only by a Sessions Judge, the Code has used the expression ‘Sessions Judge’ and not ‘Court of Session’, the Bench observed. With respect to the main issue of legality of the circular issued, the court observed that the scheme of the Code , shows that ordinarily, it is only the high court and the Sessions Judge, who can exercise powers under Sections 438 and 439 inasmuch as the overall control of administration, in a given sessions division, rests in the Sessions Judge. As the Sessions Judge does not include Additional/Assistant Sessions Judge, the court upheld the circular issued by rejecting the argument that every Court of Session has been empowered to issue directions for pre-arrest/anticipatory bail.

Comments

Popular posts from this blog

MACT - Permanent disability - calculate - compensation - Supreme Court - Part 2

1) C. K. Subramonia Iyer vs. T. Kunhikuttan Nair - AIR 1970 SC 376 2) R. D. Hattangadi vs. Pest Control (India) Ltd. - 1995 (1) SCC 551 3) Baker vs. Willoughby - 1970 AC 467 4) Arvind Kumar Mishra v. New India Assurance Co.Ltd. - 2010(10) SCALE 298 5) Yadava Kumar v. D.M., National Insurance Co. Ltd. - 2010 (8) SCALE 567) 5. The heads under which compensation is awarded in personal injury cases are the following : Pecuniary damages (Special Damages) (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising : (a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses. Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries. (v) Loss of amen

Distinction between “Loss to the Estate” and “Loss of Estate”

A subtle but fundamental distinction between “Loss of Estate” and “Loss to the Estate” was discussed in Omana P.K. and others v. Francis Edwin and others (2011 (4) KLT 952). This Judgment was challenged before the Apex Court, which has now dismissed the Appeal. The question raised in this case, was whether a certain sum which the dependants received as compensation for untimely death of Judgment debtor in a motor accident is attachable in Execution Proceedings. In this case, Justice Thomas P. Joseph speaking for the Kerala High Court had held the following (relying on The Chairman, A.P.S.R.T.C, Hyderabad vs. Smt. Shafiya Khatoon and Others) Capitalized value of the income spent on the dependents, subject to relevant deductions, is the pecuniary loss sustained by the members of his family through his death. The capitalized value of his income, subject to relevant deductions, would be the loss caused to the estate by his death. In other words, what amount the dependents would have got le

Full & Final payment - No dues certificate - end of contract

Whether after the contract comes to an end by completion of the contract work and acceptance of the final bill in full and final satisfaction and after issuance a `No Due Certificate' by the contractor Supreme Court of India Supreme Court of India R.L. Kalathia & Co. vs State Of Gujarat on 14 January, 2011 Author: P Sathasivam Bench: P. Sathasivam, B.S. Chauhan IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3245 OF 2003 R.L. Kalathia & Co Appellant(s) Versus State of Gujarat .... Respondent(s) JUDGMENT P. Sathasivam, J. 1) This appeal is directed against the judgment and final order dated 07.10.2002 passed by the Division Bench of the High Court of Gujarat whereby the High Court set aside the judgment and decree dated 14.12.1982 passed by the Civil Judge, (S.D.), Jamnagar directing the State Government to pay a sum of Rs.2,27,758/- with costs and interest and dismissed the Civil Suit as well as cross objections filed by the a