Held, section 439 of the Code confers concurrent jurisdiction on the High Court and the Court of Sessions. When the jurisdiction to grant bail is concurrent, the choice is of the superior Court to entertain it or not. The practice is to approach Lower Court, first. Any accused in order to obtain bail, must show that his case is either covered by proviso to Sub-section (2) of Section 167 of the Code or that he was entitled to be released on bail under the provisions of Chapter XXXIII of the Code, and in cases under the Act (N.D.P.S. Act, 1985) under Section 36A or Section 37 of the Act and the accused cannot get bail beyond those provisions. The Applicants were booked for offences under three different enactments. Courts always avoid whilst construing two provisions, capable of more than one construction, to give a construction, which will result in hardship, serious inconvenience, injustice and friction. The Applicants were remanded by a Court of competent jurisdiction, and their remand is valid and legal, and, therefore the Applicants not entitled to bail. Bail can be granted to the Applicants only in terms of the proviso to Sub-section(2) of Section 167 of Chapter XXXIII of the Code of Criminal Procedure, 1973 and in cases under the N.D.P.S. Act if the case is covered by Sub-section (4) of Section 36A or Section 37 of the Act. Applications dismissed.
