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 ...

SARFAESI-Right of tenant/lessee - Supreme Court

Cited: 1)  M/s Trade Well, a Proprietorship Firm, Mumbai & Anr. v. Indian Bank & Anr. [2007 CRI. L.J. 2544]   2)  C.B. Gautam v. Union of India & Ors. [(1993) 1 SCC 78] 3)  ICICI Bank Ltd. v. SIDCO Leathers Ltd. & Ors. [(2006) 10 SCC 452] 4) D elhi High Court in Shri Sanjeev Bansal v. Oman International Bank SAOG & Anr. 131 (2006) DLT 729  5) Madras High Court in Sree Lakshmi Products v. State Bank of India (AIR 2007 Madras 148) 6)  Sunita Jugalkishore Gilda v. Ramalal Udhoji Tanna (dead) through LRs. & Ors. [(2013) 10 SCC 258], Supreme Court 7)  Central Bank of India v. State of Kerala and Others [(2009) 4 SCC 94], Supreme Court  8) Authorised Officer, Indian Overseas Bank and Another v. Ashok Saw Mill [(2009) 8 SCC 366] , Supreme Court 9) United Bank of India v. Satyawati Tondon & Others [(2010) 8 SCC 110] , Supreme Court   10)  Oriental Bank of Commerce in Civil Appeal arising out of S.L.P. (C) ...

An order of attachment before judgment ends if a suit is dismissed

An order of attachment before judgment passed under Order XXXVIII Rule 5 of the Code will not survive the dismissal of a suit and it ends when the suit is dismissed after trial. Contents 1 (i) Whether an order of attachment before judgment under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 (“the Code”, for short) made in a suit for recovery of money will survive the dismissal of the suit on merits? 2 (ii) If the appellate court reverses the decree of the trial court and allows the suit claim, will it result in an automatic revival of the order of attachment before judgment? 3 (iii) Whether the ratio in the decision by Full Bench in Thampi Muhammad Abdul Kadir v. Padmanabha Pillai Parameswaran Pillai (1952 KLT 264) holds good in view of the change in the precedential law and insertion of Order XXXVIII Rule 11A to the Code? 3.1 “11A. Provisions applicable to attachment.- 3.2 “57. Determination of attachment.- 3.3 Arumuhom Ammal v. Nayanar Panicker (1962 KLT 264) 3.4...