Bail application in India. Please reply answer

512 votes

There are 2 types of Bail, one is anticipatory Bail which is a bail granted by sessions court or High court. If you have an apprehension of arrest you shall file anticipatory Bail which is pre- arrest bail. And if the person is already arrested by police, he may file for bail before JMFC or Sessions court depending of the charges levelled against him .

Advocate Mukesh Vasant Shinde LawRato

882 votes

Regular bail after arrest goes to jmfc if its triable by magistrate but it will go to sessions if triable by sessions court. If rejected by any of trial court than appeal in sessions and than in high court

Advocate Purvi Shah LawRato

726 votes

Certain Cases are JMFC triable whereas other cases are triable by the Sessions Court exclusively. So, in district courts, if you have a case, which is triable by JMFC, you have to approach JMFC for getting a Bail. If the JMFC rejects it, you can approach Sessions Court or High Court. If you opt to approach High Court, chances are that, High Court may ask - Why didn't you approach the Sessions Court, you should have followed the hierarchy, so go the Sessions Court first & then come to us, if your Bail gets rejected. On the other hand, if the case is triable by the Sessions Court exclusively, then you have to approach Sessions Court directly for procuring Bail rather than approaching the JMFC first. In case, your Bail gets rejected by the Sessions Court in an exclusive Sessions triable matter, then you can approach the Supreme Court. There are certain Criminal matters in which the High Court has original Criminal Jurisdiction in Mumbai. Thus, such cases can be directly tried by the High Court & at the same time, Bail Petition can be filed to the High Court directly for procuring the Bail.

Advocate Pankaj Bajaj LawRato