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How long does it take for bail petition to be heard in session court


13-Feb-2023 (In Criminal Law)
My brother in law is wrongly framed under section 370a,3,5,7and 9 of pita .he has applied for bail in sessions court last monday .however it has not come for hearing? Its more than 10 days since he is underdetention.what are the chances of getting bail? How long does it take for bail petition to come for hearing in session court ? Is there any alternative to avoid unnecessary detention?
Answers (5)

Answer #1
634 votes
Dear, Generally it will take between 7 to 15 days max to get the bail either of the way it can be allowed or dismissed basing on the facts in FIR and other parameters. Once, having applied for bail in the sessions court you have to wait for the order of the court where the bail has been moved, till then there is no other alternate. However, you can move the Hon'ble High Court seeking quashing of the proceedings U/s.482 of the Cr.P.C. but prima facie there must be an abuse of process of law to be established then only the High Court can interfere and to meet the ends of the justice the court can quash the FIR.
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Answer #2
633 votes
Hi
Generally if a person is arrested under The Immoral Traffic (Prevention) Act, 1956 the bail hearing of the person should come up almost within 48 hours of the arrest.
The charges framed are quite severe.
Not sure why the bail petition is yet to be heard.
Ask your lawyer to make a mention in the court and ask for early hearing.
only a lawyer of good standing can handle these charges.

Answer #3
953 votes
If you mean to say Under detention is police custody then you need to file regular bail before the concerned court. Generally such cases are moved before the magistrate of first class. If you means to say that it is an anticipatory bail, it takes one week to 10 days. But you did not mentioned whether it is regular bail or anticipatory bail.
Answer #4
532 votes
Hello,

Chances of getting bail depend upon many factors. Without proper perusal of the FIR, no one can tell you if the accused will get bail or not. If the bail petition is filed ask the accused's advocate to expedite the process and push further to bring the petition to the bench. Also inquire in the court section about the delay. Feel free to contact me if you need any assistance.
Answer #5
386 votes
  1. Bail Petition Hearing Duration: The duration for a bail petition to be heard in a session court or high court can vary significantly. It depends on factors such as the complexity of the case, the court's workload, and the specific circumstances of the case.
  2. High Court vs. District Court: Generally, High Courts tend to have a higher caseload and may take more time to schedule bail hearings compared to District Courts. However, High Courts also have more extensive jurisdiction and may handle more complex cases.
  3. Urgency of the Case: Urgent matters or cases involving serious offenses like Section 376 (related to sexual offenses) may be prioritized by the court, leading to a quicker hearing. However, there is no fixed timeframe for such cases.
  4. Documentation Required for Bail: When filing a bail petition, it's essential to provide all the necessary documentation, including a copy of the FIR, supporting evidence, and character references. Insufficient or incomplete documentation can lead to delays.
  5. Legal Representation: Having legal representation, such as a criminal defense lawyer, can expedite the process. A lawyer can navigate the legal system and ensure that the bail petition is filed correctly and in a timely manner.
  6. Post-Sentencing Bail: After a conviction and sentencing, the process for obtaining bail may differ. It may require additional legal procedures and time.
  7. Consult Legal Counsel: If you or someone you know is seeking bail, it's advisable to consult with a criminal defense lawyer who can provide guidance on the specific circumstances of the case and the expected timeline for a bail hearing.
In summary, the time it takes for a bail petition to be heard in a session court or high court can vary widely based on multiple factors. It's crucial to consult with legal counsel to navigate the process effectively and understand the expected timeframe for a bail hearing.
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