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How to proceed with a bail application rejected by sessions court
08-May-2023 (In Criminal Law)
My friend has been charged with sec 379, 420, 467, 468, 471, 65-66 IT act, 3/6 exam in FIR and is presently under 14 days judicial custody. His bail application for consideration before session court Allahabad is due shortly. Many are suggesting that getting bail at session court is very dim. In case his bail application is rejected, what will be better course of action either to move high court or tendering fresh bail application in session court. How much time it is likely to take and what are the chances that high court will grant bail on aforesaid sections.
The better course of action would be to approach High Court. Since the session court can grant bail upon a subsequent bail application only if there is a changed corcumstances or else you will have to wait for considerable time to file for a subsequent bail application. Therefore best option would be to approach high court.
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Adv. Rohit Kumar Singh
Delhi | 100+ Answers
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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
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 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
Without perusing the documents, I can't tell you about the chances. I can apprise you of the process, if a bail is rejected by Session Judge, then the way out is to approach the High Court or you can wait for sometime (approx 1-2months) and again renew your prayer for bail. Although, it is better that you approach the High Court.
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Adv. Imran Ibrahim
Allahabad | 100+ Answers
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In your case if bail is rejected then you should move a bail application before high court, it will take approximately twenty to twenty five days, chances will depend on allegation in the first information report, If allegation is not too serious and there is no better evidence against you then it's a better case for bail, you need to provide all the papers including first information report as well as case diary for better help
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Adv. Siddhartha Mishra
Allahabad | 100+ Answers
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Indian Penal Code, 1860, Section 420, 467, 471, 468, Criminal Procedure Code, 1973, Section 439 -- Bail - Factors to be considered while granting bail - Held, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of merits of case need not be undertaken but reasons be indicated why bail was being granted - Court granting bail has to consider the same...Anticipatory bail - Question as to whether petitioner is the legally wedded second wife or not and whether he has executed any `Will' in favour of the petitioner, seems to be a civil dispute which can give a colour of criminal. as i can understand that its a crucial time, kindly engage a suitable lawyer to handle the case ASAP, if you want an assistance i can help you associate a lawyer in Allahabad.
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Sir, the suggestions if are not gospel, are having some strength in it. the chances of bail from Sessions Court is almost fainted. Better to get the bail disposed of and move a bail application before Hon'ble High Court of Judicature at Allahabad. The bail application comes before the Hon'ble Court after at least 13 days as 10 days time is given to state to get instructions from concerned police station and after the lock in period of ten days, it is mature for filing and after filing, it comes for hearing after leaving one working day. IF THE HON'BLE COURT IS PLEASED, IT MAY GRANT BAIL ON THAT DAY OR CAN GIVE STATE SOME TIME TO FILE COUNTER AFFIDAVIT. In short if the bail is granted at first hearing, it takes 13 days, and if counter is callede, it may take some more time.
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Adv. Piyush Shrivastava
Lucknow | 100+ Answers
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The applicant has the right to appeal if the Sessions Court rejects the anticipatory bond. If anticipatory bail has been rejected by the High Court the applicant may move the Supreme Court via a Special Leave Petition under Article 136 of India's Constitution.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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