Yes.
Lal's case, Air 1980 HP 36 FULL BENCH
The applicant can file a fresh application before the high court.
Anticipatory bail - section 438 of Cr. P. C.
Here, session court and high court have got concurrent jurisdiction in the matter of granting anticipatory bail.
- The decision given by full bench in Mohan Lal's case is being followed by almost all the high court of India.
In joginder's case,ILR 1975 HP 810
THE HIMACHAL PRADESH HIGH COURT
The Himachal Pradesh High Court held that when a court of session rejects the anticipatory bail of an applicant, the same is not maintainable in high court.
In Mohan lal's case, AIR 1980 HP 36
THE HIMACHAL PRADESH HIGH COURT
FULL BENCH
The Himachal Pradesh high court in a full bench has overruled the previous case i.e. Joginder's case, ILR 1975 HP 810, held the applicant can file a fresh anticipatory bail before the high court even if the same has been rejected by Sessions Judge.
- After rejection of an anticipatory bail by a sessions judge, the applicant can file a application of anticipatory bail under section 438 of Cr. P. C in High Court.