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What can be done if bail is rejected from High Court
16-Jan-2023 (In Criminal Law)
When i asked my lawyer that what will happen if regular bail is rejected from hc he is saying that it is not possible because he will withdraw bail application before rejection. Because judge will tell him that he is going to reject the applicatin and will offers him for withdrawal. Kindly tell me Is this really possible. Please also tell if rejected what will happen. My father is in jail from many days under 420, 466, 468
Your Lawyer is right.
If a regular bail application is rejected by High Court then the petitioner has to appeal against rejection before the next higher court, i.e. the Supreme Court.
But, if before the rejection, the petitioner withdraws the bail application then he need not have to approach the Supreme Court. He can again file bail application before the High Court.
In High Court, when Judge tells that he is going to reject the application, then legally petitioner can withdraw his application. Judge just gives an option that you may withdraw application before I reject it, it's not an formal offer to withdraw.
After withdrawal, if there are any justified circumstances which can affect the opinion of the Judge in the applicant's favour, then the Judge can grant bail.
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A bail application may be allowed or rejected by the court. However in case the court is inclined to reject the bail, and gives an option to the applicant either to withdraw the application or Else it shall decide on merits.
Only difference it will make is with respect to subsequent bail application. In case of withdrawal subsequent bail application another bail application can be entertain. However in case of rejection on merits the court does not entertain subsequent application for bail, unless there is subsequent changes in circumstances as a result. In case of rejection of bail in High Court you have to approach to the supreme Court for bail application. Even in case of withdrawal subsequent bail application can be filed in the same court.
As far as long detention of your father is concerned, this ground can be raised in subsequent bail application in case frist bail.
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Adv. Nazar Imam Haider
Adv. Nazar Imam Haider
Indore | 25+ Answers
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महोदय,
आपके प्रश्न के सन्दर्भ मे मेरी राय है कि जो आपके अधिवक्ता महोदय ने राय दी है वह सही है। जमानत के लिए Cr.P.C. धारा 439 के आवेदन का Court मे तर्क के समय यदि ऐसा प्रतीत होता है कि Court हमारे Bail application के किसी बिन्दु से सन्तुष्ट न हो पाने के कारण निरस्त कर रहा है और उस बिन्दु का साक्ष्य हमारे पास है उस दशा मे अधिवक्ता द्वारा न्यायालय से Bail appplication निरस्त करने से पूर्व withdraw करने का निवेदन किया जाता है और फिर हम दूबारा आवेदन कर सकते है। High Cout के बाद आप Supreme Court मे भी आवेदन लगा सकते है
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Adv. Dharmendra Kumar Pandey
Adv. Dharmendra Kumar Pandey
Jabalpur | 25+ Answers
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Dear sir ,
U didn't give to me full information about ur father's case.pls tell me date of arrest & send to jail .pls tell me about allegations of FIR. And inform to me about chargesheet. If file bail application before chargesheet that rejected, after that u can file another application for bail after summit the chargesheet in the competent court.
I m disable to more advice because I have no more knowledge about case. So please give me full information. Thanks
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Adv. Divyendu Kumar Bairagi
Adv. Divyendu Kumar Bairagi
Indore | 25+ Answers
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