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what happens if high court rejects bail?
04-Jul-2024 (In Criminal Law)
Yes. A fresh bail petition before the Sessions Court is permissible only if there is a material change in circumstances after the earlier refusals; the Supreme Court has held successive bail applications are allowed but the court must consider and record the fresh grounds that differentiate the new application from earlier ones (Prasad Shrikant Purohit v. State of Maharashtra). [https://indiankanoon.org/doc/82089984/] 'cite'turn10search2-Mere grant of bail to a co-accused does not automatically entitle another accused to bail; parity is available only when the role and position of the applicant are materially the same as the co-accused who received bail (Ramesh Bhavan Rathod v. Vishanbhai Hirabhai Makwana). [https://www.courtkutchehry.com/Judgement/Search/t/2366779-ramesh-bhavan-rathod-vs-vishanbhai'refine_search=&s=&s_acts=Arms+Act%2C+1959] 'cite'turn11search1-Also note bail procedure now falls under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and substantive offences under the Bharatiya Nyaya Sanhita (BNS); apply these statutes as relevant when framing grounds and the Sessions Court will assess whether the changed circumstances suffice. [https://www.mha.gov.in/sites/default/files/250884_2_english_01042024.pdf] 'cite'turn9view0-[https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf] 'cite'turn9view1'
If a bail application is rejected twice by the Sessions Court, the next step would be to file a bail application in the High Court. The High Court has the power to review the decisions of the lower courts and can grant bail if it deems fit.
Here are the general steps to follow:
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File a bail application in the High Court: You will need to file a fresh bail application in the High Court, along with a copy of the bail application filed in the Sessions Court and the order rejecting the bail application.
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Grounds for bail: In the bail application, you will need to clearly state the grounds for bail, such as medical reasons, lack of evidence, or any other relevant factors that support your case.
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Arguments in favor of bail: You will need to provide strong arguments in favor of bail, including the strength of the evidence against you, your past criminal record, your ties to the community, and any other factors that may convince the High Court to grant bail.
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Appearance in Court: You will need to appear in person in the High Court when your bail application is being heard.
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Decision of the High Court: The High Court will consider all the arguments presented by both sides and make a decision on whether to grant bail or not. If bail is granted, you will need to comply with any conditions set by the Court.
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It is important to note that the process and requirements for filing a bail application in the High Court may vary depending on the specific change in circumstances of your case.
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