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What to do if Bail is rejected in High Court


14-Mar-2023 (In Criminal Law)
Applied for bail in attempt to murder and arms act in high court but the court has given a counter of 28 days . What to do next
Answers (3)

Answer #1
711 votes
The proper course is to wait for the counter. Your bail is not yet rejected and may be granted after the counter affidavit is filed. The court generally does not Grant bail straight away in serious crimes and ask for a counter. If the high court eventually dismisses the bail application you have the option to approach the honble Apex court for seeking the bail application.
People also ask

Can High Court cancel the bail order?

Good Judicial Discretion. Courts can cancel bail when it is necessary for the sake of justice. This discretion must be used judiciously, not arbitrarily. Interference with justice: When the accused attempts to obstruct or interfere with the legal process.

Can a bail be rejected after filing chargesheet?

As can be seen from Section (3), Justice Tiwari concluded that anticipatory bond can still be granted even after the filing of a charge-sheet. The law has also been established that the filing of a charge-sheet does not affect the continuation of anticipatory bonds, if they are granted.

  
Answer #2
957 votes
Answer: Bail application was reject by the High Court. You can file before the Supreme Court of India for granting the bail for the offence attempt to murder and arms act. You can also file bail application before the High Court after few days on fresh ground.

Answer #3
85 votes
If your bail application is rejected by the High Court, it can be a challenging situation. Here's what you can do and some key considerations:
  1. Understanding the Rejection: First, try to understand the reasons for the rejection. High Courts typically provide reasons for rejecting bail applications in their orders. Understanding these reasons can help you address the weaknesses in your case.
  2. Consult with Your Lawyer: It's crucial to consult with your lawyer who can assess the situation and provide guidance on the next steps. They can review the High Court's order and discuss whether it's worth filing an appeal.
  3. Filing an Appeal: If you believe there are valid grounds for appeal, you can file an appeal in the Supreme Court of India. Your lawyer will prepare the necessary documents and arguments for the appeal.
  4. Anticipatory Bail: If you're dealing with anticipatory bail, and it's rejected by the High Court, you might need to explore alternative legal remedies or strategies. Your lawyer can advise you on the best course of action.
  5. Timeframe: The time it takes to get bail from the High Court or to appeal a rejection can vary widely. It depends on factors such as the complexity of your case, court workload, and the legal process. Consult with your lawyer to get a realistic estimate.
  6. Multiple Bail Applications: You can file multiple bail applications if your circumstances change or new evidence emerges. However, repeatedly filing bail applications without substantial changes may not be fruitful.
  7. Legal Expertise: Seek advice from experienced criminal lawyers who are well-versed in the High Court and Supreme Court procedures. They can provide you with the best legal guidance based on your specific situation.
In summary, if your bail application is rejected by the High Court, it's essential to consult with your lawyer promptly, understand the reasons for rejection, and consider filing an appeal in the Supreme Court if appropriate. The time it takes and the outcome can vary, so having competent legal representation is crucial.
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