Abstract

Section 498 of the Code of Criminal Procedure empowers the High Court Division or the Court of Sessions to grant bail those who are in custody. Both the Courts assumes jurisdiction concurrently. The word ‘or’ necessarily implies that the petitioner can choose alternative forum for moving an application for bail. However, a long practice has been developed to exhaust the jurisdiction of the lower court first. It is not a biblical rule and in exceptional circumstances, the petitioner can move the higher Court directly.