What is next step if Bail application gets rejected from high court

135 votes

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:

1. 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.

2. 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.

3. 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.

4. Appearance in Court: You will need to appear in person in the High Court when your bail application is being heard.

5. 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.

6. 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.

LawRato LawRato

549 votes

Since the bail application of accused has been rejected twice by the Sessions Court, you should file the bail application before Hon’ble High Court for your state. In case the High Court rejects your bail application then you can file the application again before the Sessions Court on account of change in circumstances. The Sessions Court can grant bail upon a subsequent bail application only if there is change in circumstances.

Advocate Siddhant Sharma LawRato

622 votes

As per your query
Definitely you can approach the High Court challenging the order of rejecting bail application.

If in case there is any change in circumstances which were not stated in first two bail application you can again approach to the Sessions Court with new grounds as stated by you.

Advocate Neelkanth Goswami LawRato

324 votes

It’s essential to understand that the IPC Section 384 which is punishment for extortion and IPC Section 420 punishment for cheating and dishonestly inducing delivery of property are non-bailable offences. If your bail application is rejected twice by the Sessions Court, your next recourse is to file a bail application in the High Court. The High Court holds the authority to review decisions of lower courts and may grant bail if deemed appropriate. If there are new circumstances that were not mentioned in the first two bail applications or if you have compelling reasons for your friend's bail, you can reapply to the sessions court with these new grounds.

That also brings the question of what to do if anticipatory bail is rejected by high court? If your anticipatory bail is rejected by the High Court, you can approach the Supreme Court through a Special Leave Petition under Article 136 of the Indian Constitution. However, the Supreme Court will only hear the petition on its merits if it is granted leave. 

To further understand your chances, refer to the article What is a Bailable and Non-Bailable offence in India?

Advocate Chikirsha Mohanty LawRato

137 votes

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 Indias Constitution. Such a petition will only be heard on the merits if it is granted leave by the Supreme Court.

Advocate Chikirsha Mohanty LawRato