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how much time it takes to get bail from sessions court


03-Jun-2024 (In Criminal Law)
My brother-in-law is wrongly framed under Section 370A, 3, 5, 7, and 9 of PITA. He applied for bail in sessions court last Monday, but it has not yet come up for a hearing. It has been more than 10 days since he has been in detention. What are the chances of getting bail? How much time it takes to get bail from sessions court? How long does it take for a bail petition to come for a hearing in district court? Is there any alternative to avoid unnecessary detention? How much time it takes to get bail from high court?
Answers (4)

Answer #1
236 votes

The time it takes to get bail in India whether from a District Court or High Court can vary a lot based on the case's complexity, the nature of the offense, and the court's workload. For bailable offenses, bail is usually granted fairly quickly, often within 24 to 48 hours. But for non-bailable offenses, it can take longer, as the court must evaluate evidence, hear arguments, and consider risks like flight or tampering. In District Courts, the process can stretch from a few days to a few weeks. In High Courts, especially for complex or high-profile cases, it might take anywhere from one week to several weeks, or even months, depending on urgency and docket congestion.

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Advocate Chikirsha Mohanty

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Answer #2
876 votes
Dear, generally, how many days it takes to get bail depends on the complexity of the case. Typically, it takes 7 to 15 days to get bail, either through approval or rejection, based on the FIR details and other legal parameters. Once a bail application is filed in the sessions court, you have to wait for the order. There is no immediate alternative except to move the High Court. If there is an abuse of legal process, you may also file for quashing of the FIR under Section 482 Cr.P.C.
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Advocate Vikram Chandra

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Answer #3
640 votes
Hi, if a person is arrested under The Immoral Traffic (Prevention) Act, 1956, the bail hearing should usually happen within 48 hours of arrest. The charges against him are serious, so it is unusual that the bail petition has not yet been heard. How much time it takes to get bail from district court varies, but in such cases, your lawyer should immediately mention the matter in court and request an early hearing. Only an experienced lawyer can handle these charges effectively.
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Advocate Rajagopalan

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Answer #4
658 votes
If your brother-in-law is in police custody, then a regular bail application must be filed before the appropriate court, usually before a Magistrate of First Class. If it is an anticipatory bail, it usually takes one week to 10 days for a hearing. However, how much time it takes to get bail from high court depends on various factors. If the lower courts reject bail, the High Court can be approached, which may take a few more days, depending on the urgency of the case.
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Advocate Dayanand Patil

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