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Keywords – Delhi High Court, 438 CrPC, anticipatory bail, sessions Court, interim protection.


The Delhi High Court has said that it would be the sole discretion of the applicant regarding the anticipatory bail plea, to either move it in the High Court or the Sessions Court and this discretion of his/her can in no manner be restricted or narrowed by Section 438 CrPC.

     The bench of Justice Chandra Dhari Singh said that there is no prohibition to approach the High Court directly for moving the anticipatory bail as both the courts have simultaneous jurisdiction regarding this matter. There is not any sort of hindrance as to approach which Court the first. And the right to approach the courts is also an intrinsic part of one’s Right to Personal Freedom and it can not be subjected to any unreasonable restrictions.

       Justice Chandra Dhari Singh had made the above mentioned observations while he was granting interim protection to Pankaj Bansal and another in the money laundering case which was registered against them by the Enforcement Directorate in 2021 and had also granted the same by considering the mandate of Article 21.

Written by – Yashashvi Mishra, College – S S Khanna Girls Degree College, University of Allahabad, Year – 2nd Year 4th Semester, an intern under Legal Vidhiya

[1] https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-applicant-discretion-anticipatory-bail-section-438-crpc-230465


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