Tag: High Courts
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Can High Courts Hear Anticipatory Bail Pleas Bypassing Sessions Courts? Supreme Court Refers To 3-Judge Bench
Overview: The Question Before the Supreme Court The Indian Supreme Court has taken up a significant constitutional question: can High Courts entertain anticipatory bail applications directly, without the applicant first approaching the Sessions Court? A two-judge bench recently referred this issue to a three-judge bench to resolve a legal ambiguity surrounding the proper procedural route…
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Anticipatory Bail Jurisdiction: Can High Courts Bypass Sessions Courts? Supreme Court Refers 3-Judge Bench
Background: The Anticipatory Bail Question Recently, the Indian Supreme Court considered a pivotal question about the jurisdictional path for anticipatory bail pleas. Traditionally, anticipatory bail applications are filed in the Sessions Court after a cognizable case is registered against an accused. The Sessions Court then conducts a hearing, and only if needed, the matter can…