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Legal procedure if the bail application rejected by session court
16-Oct-2023 (In Criminal Law)
quesHow to proceed with a bail application rejected by sessions court My relative has been charged with sec 420, 467, 468, 471, 506,294 under lPC 1860 act, FIR is written on 28/9/17 and he is presently under 1 day in police custody and then case is court forwarded the next day and he is in jail till now. His bail application for consideration before session court bhadrak 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.
Since the bail application is pending before the learned Sessions judge, Bhadrak you have to wait till the disposal of the application. If you succeed well and good, but if bail is refused, you have to move the Hon'ble High Court of Orissa. For filing of bail application, you need to get the certified copy of the order of the Sessions Court rejecting your bail application and a copy of the FIR. You also need to provide the Case diary to the High Court advocate containing the section 161 statements of the witnesses before the bail application is heard finally. Generally these matters will require 3-4 weeks for disposal if not more. Since the offences described by you are magistrate triable offences there are good chances of getting bail.
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Adv. Anupam Dash
Adv. Anupam Dash
Cuttack | 25+ Answers
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Bail is discretion of the court, there is no guarantee, but looking into the gravity of the offence chances are there . Now incase your bail being rejected by sessions court you should move to high court for releaf.
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Adv. Deepak Kumar Panda
Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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Its wise to file bail application in the High Court u/s 439. Time taken in such case is minimum one month. In most of the cases where the Court below rejects the bail application, the High Court allows the bail application. Therefore, file in the High Court.
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Adv. Rajdeep Pradhan
Adv. Rajdeep Pradhan
Cuttack | 100+ Answers
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Yes you are advise to approach honorable high Court if the bail application rejected. Within 10 days you may allow to admit on bail for better suggestion contact with me and send a copy of fir through mail or WhatsApp
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Adv. Durga Prasad Jena
Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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No problem. come to me with the dismissal order from session court along with FIR copy I can try for bail at high court. I hope u will get the bail most probably from high court. Chances are 99%. 1% is luck. so best of luck
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Adv. Bhakti Prasad Pattanaik
Adv. Bhakti Prasad Pattanaik
Bhubaneswar | 25+ Answers
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