654+ Lawyers are online 
What can be done if bail is rejected from High Court
16-Jan-2023 (In Criminal Law)
When i asked my lawyer that what will happen if regular bail is rejected from hc he is saying that it is not possible because he will withdraw bail application before rejection. Because judge will tell him that he is going to reject the applicatin and will offers him for withdrawal. Kindly tell me Is this really possible. Please also tell if rejected what will happen. My father is in jail from many days under 420, 466, 468
Your Lawyer is right.
If a regular bail application is rejected by High Court then the petitioner has to appeal against rejection before the next higher court, i.e. the Supreme Court.
But, if before the rejection, the petitioner withdraws the bail application then he need not have to approach the Supreme Court. He can again file bail application before the High Court.
In High Court, when Judge tells that he is going to reject the application, then legally petitioner can withdraw his application. Judge just gives an option that you may withdraw application before I reject it, it's not an formal offer to withdraw.
After withdrawal, if there are any justified circumstances which can affect the opinion of the Judge in the applicant's favour, then the Judge can grant bail.
If a regular bail application is rejected by High Court then the petitioner has to appeal against rejection before the next higher court, i.e. the Supreme Court.
But, if before the rejection, the petitioner withdraws the bail application then he need not have to approach the Supreme Court. He can again file bail application before the High Court.
In High Court, when Judge tells that he is going to reject the application, then legally petitioner can withdraw his application. Judge just gives an option that you may withdraw application before I reject it, it's not an formal offer to withdraw.
After withdrawal, if there are any justified circumstances which can affect the opinion of the Judge in the applicant's favour, then the Judge can grant bail.
Helpful?
100+
100+
Adv. Sandeep Naik
Indore | 200+ Answers
CONTACT NOW
Is second anticipatory bail maintainable in session court?
P.C., 1973, Sec. When is it permissible to maintain Sections 438 and 362, Second or subsequent anticipatory bond applications? The second application for anticipatory bail is not maintainable, even if a new circumstance has developed since the rejection or dismissal.
What is the protection after rejection of anticipatory bail?
Code of Criminal Procedure 1973, Section 428, Anticipatory Bail. Self-contradictory Orders by the High Court. On one hand, anticipatory bail application is denied, and on the other, interim protection for two months is granted. Appeal allowed, and interim protection... 26-Jul-2023
What are the remedies when bail is refused?
If a bail request is denied, the only way to get it approved is by appealing before a High Court. Article 136 of the Constitution of India allows one to challenge an appeal that has been rejected by a High Court. A revision can sometimes be requested before the session court, under section 399.
What happens if bail is Cancelled?
The court cited section 437(5) where the Magistrate has the power to cancel bail that was already granted. The court can arrest and take someone into custody, if they deem it necessary. 23-Jul-2023
A bail application may be allowed or rejected by the court. However in case the court is inclined to reject the bail, and gives an option to the applicant either to withdraw the application or Else it shall decide on merits.
Only difference it will make is with respect to subsequent bail application. In case of withdrawal subsequent bail application another bail application can be entertain. However in case of rejection on merits the court does not entertain subsequent application for bail, unless there is subsequent changes in circumstances as a result. In case of rejection of bail in High Court you have to approach to the supreme Court for bail application. Even in case of withdrawal subsequent bail application can be filed in the same court.
As far as long detention of your father is concerned, this ground can be raised in subsequent bail application in case frist bail.
Only difference it will make is with respect to subsequent bail application. In case of withdrawal subsequent bail application another bail application can be entertain. However in case of rejection on merits the court does not entertain subsequent application for bail, unless there is subsequent changes in circumstances as a result. In case of rejection of bail in High Court you have to approach to the supreme Court for bail application. Even in case of withdrawal subsequent bail application can be filed in the same court.
As far as long detention of your father is concerned, this ground can be raised in subsequent bail application in case frist bail.
Helpful?
89+
89+
Adv. Nazar Imam Haider
Indore | 25+ Answers
CONTACT NOW
महोदय,
आपके प्रश्न के सन्दर्भ मे मेरी राय है कि जो आपके अधिवक्ता महोदय ने राय दी है वह सही है। जमानत के लिए Cr.P.C. धारा 439 के आवेदन का Court मे तर्क के समय यदि ऐसा प्रतीत होता है कि Court हमारे Bail application के किसी बिन्दु से सन्तुष्ट न हो पाने के कारण निरस्त कर रहा है और उस बिन्दु का साक्ष्य हमारे पास है उस दशा मे अधिवक्ता द्वारा न्यायालय से Bail appplication निरस्त करने से पूर्व withdraw करने का निवेदन किया जाता है और फिर हम दूबारा आवेदन कर सकते है। High Cout के बाद आप Supreme Court मे भी आवेदन लगा सकते है
आपके प्रश्न के सन्दर्भ मे मेरी राय है कि जो आपके अधिवक्ता महोदय ने राय दी है वह सही है। जमानत के लिए Cr.P.C. धारा 439 के आवेदन का Court मे तर्क के समय यदि ऐसा प्रतीत होता है कि Court हमारे Bail application के किसी बिन्दु से सन्तुष्ट न हो पाने के कारण निरस्त कर रहा है और उस बिन्दु का साक्ष्य हमारे पास है उस दशा मे अधिवक्ता द्वारा न्यायालय से Bail appplication निरस्त करने से पूर्व withdraw करने का निवेदन किया जाता है और फिर हम दूबारा आवेदन कर सकते है। High Cout के बाद आप Supreme Court मे भी आवेदन लगा सकते है
Helpful?
60+
60+
Adv. Dharmendra Kumar Pandey
Jabalpur | 25+ Answers
CONTACT NOW
Dear sir ,
U didn't give to me full information about ur father's case.pls tell me date of arrest & send to jail .pls tell me about allegations of FIR. And inform to me about chargesheet. If file bail application before chargesheet that rejected, after that u can file another application for bail after summit the chargesheet in the competent court.
I m disable to more advice because I have no more knowledge about case. So please give me full information. Thanks
U didn't give to me full information about ur father's case.pls tell me date of arrest & send to jail .pls tell me about allegations of FIR. And inform to me about chargesheet. If file bail application before chargesheet that rejected, after that u can file another application for bail after summit the chargesheet in the competent court.
I m disable to more advice because I have no more knowledge about case. So please give me full information. Thanks
Helpful?
64+
64+
Adv. Divyendu Kumar Bairagi
Indore | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
