In Mubarik vs State of Uttarakhand, the division bench of the Uttarkhand High Court while deciding a reference sent by a single judge, reiterated that the High Court and the Court of Session have concurrent jurisdiction under Section 438 of Cr.P.C (anticipatory bail) and that it is for the accused to choose the forum and the same cannot be restricted by construing the provision of Section 438 of Cr.P.C. narrowly.
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