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Procedure in case Anticipatory Bail refused in High Court
09-Nov-2023 (In Criminal Law)
Hi,My husband technicaly charged under section 392,395,384,452&34,his name was on 3rd no on fIR,All other are out on bail,our ABA got rejected in session and in high court he was out on intrim releif for 1 month after which is ABA again got rejected and we want to go to supreme court For ABA ,SO is it possible to get ABA in supreme court or we should surrender? please reply as we are very confused!
Dear Client,
Based upon the sections in you question, your husband is charged of robbery, dacoity and extortion. Under this circumstances, no specific advice can be given at this stage since the advice exclusively depends upon the FIR and orders passed by Session Court and High Court and reason for denying the bail.
Further as both the bails are rejected, there is very less chance of getting any relief in SC. Many things need to be taken into consideration before providing advice.
It would be advised to visit any empaneled Advocate of LawRato and avail the personal consultation.
Expert Jurist LLP
Based upon the sections in you question, your husband is charged of robbery, dacoity and extortion. Under this circumstances, no specific advice can be given at this stage since the advice exclusively depends upon the FIR and orders passed by Session Court and High Court and reason for denying the bail.
Further as both the bails are rejected, there is very less chance of getting any relief in SC. Many things need to be taken into consideration before providing advice.
It would be advised to visit any empaneled Advocate of LawRato and avail the personal consultation.
Expert Jurist LLP
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Adv. JV Bhosale
Mumbai | 400+ Answers
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If ur aba was rejected by Hon'ble High court and session court respectively and other accused persons were released on bail , then it is better to surrender and got bail from sessions court rather than going for ABA in Hon' ble Supreme Court. It will save your time and money as well.
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Adv. Vikas Galugade
Mumbai | 25+ Answers
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Yes you can go in Supreme Court for ABA. But if chargesheet is field then you can again apply for bail in session court on ground of changed circumstances and rule of parity as other accused are released on bail .
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