what to do if bail is rejected in sessions court ?

Question

what to do if bail is rejected in sessions court ?

03-Jun-2024 (In Criminal Law)

My friend has been charged with sec 379, 420, 467, 468, 471, 65-66 IT act, 3/6 exam in FIR and is presently under 14 days judicial custody. His bail application for consideration before session court Allahabad is due shortly. Many are suggesting that getting bail at session court is very dim. In case his bail application is rejected, what will be better course of action either to move high court or tendering fresh bail application in session court. what to do if anticipatory bail is rejected by sessions court? How much time it is likely to take and what are the chances that high court will grant bail on aforesaid sections.

Answers (6)

File a fresh bail petition before the High Court under the BNSS special'powers provision rather than only repeating applications in the Sessions Court; BNSS Section 483 gives the High Court (and Sessions Court) power to grant or cancel bail. [https://www.indialawacts.in/bnssSections.php] Successive bail petitions are permitted but the court must record fresh/change grounds to depart from the earlier rejection (see Lt. Col. Prasad Shrikant Purohit v. State of Maharashtra (2018) 11 SCC 458). [https://indiankanoon.org/doc/82089984/] For economic/cheating/forgery/IT offences courts apply stricter scrutiny and require strong justification (see Sanjay Chandra v. CBI (2012) 1 SCC 40). [https://indiankanoon.org/doc/1563495/] Your realistic chances depend on the gravity of charges, prima facie evidence, risk of tampering or absconding, any statutory twin'tests in special laws, and whether you can show new material or undue trial delay; long pretrial custody or clear defects in the prosecution case improves prospects. The Supreme Court has directed High Courts to decide bail applications promptly, ordinarily within two to three weeks. (Aasu v. State of Rajasthan / Hussain v. Union of India, 2017). [https://indiankanoon.org/doc/70780578/] Statute mappings: IPC/IT offences you mention have corresponding BNS substantive sections (e.g. cheating/forgery/theft mapped to BNS sections such as s.318, s.336, s.340, s.303) and BNSS contains the procedural bail provisions cited above. [https://www.prashantkanha.com/bhartiya-nyaya-sanhita-2023-with-corresponding-ipc/]

Answer #1

Adv. Chikirsha Mohanty

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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Adv. Rohit Kumar Singh Adv. Rohit Kumar Singh

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Advocate Imran Ibrahim LawRato · Accepted Answer · 2024-06-03T13:26:47+05:30

Answer #3

Without perusing the documents, I can't tell you about the chances. I can apprise you of the process, if a bail is rejected by Session Judge, then the way out is to approach the High Court or you can wait for sometime (approx 1-2months) and again renew your prayer for bail. Although, it is better that you approach the High Court.

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Adv. Imran Ibrahim Adv. Imran Ibrahim

Allahabad | 25+ Answers

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Advocate Piyush Shrivastava LawRato · Accepted Answer · 2024-06-03T13:26:47+05:30

Answer #4

Sir, the suggestions if are not gospel, are having some strength in it. the chances of bail from Sessions Court is almost fainted. Better to get the bail disposed of and move a bail application before Hon'ble High Court of Judicature at Allahabad. The bail application comes before the Hon'ble Court after at least 13 days as 10 days time is given to state to get instructions from concerned police station and after the lock in period of ten days, it is mature for filing and after filing, it comes for hearing after leaving one working day. IF THE HON'BLE COURT IS PLEASED, IT MAY GRANT BAIL ON THAT DAY OR CAN GIVE STATE SOME TIME TO FILE COUNTER AFFIDAVIT. In short if the bail is granted at first hearing, it takes 13 days, and if counter is callede, it may take some more time.

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Adv. Piyush Shrivastava Adv. Piyush Shrivastava

Lucknow | 5+ Answers

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LawRato LawRato · Accepted Answer · 2024-06-03T13:26:47+05:30

Answer #5

In your case if bail is rejected then you should move a bail application before high court, it will take approximately twenty to twenty five days, chances will depend on allegation in the first information report, If allegation is not too serious and there is no better evidence against you then it's a better case for bail, you need to provide all the papers including first information report as well as case diary for better help

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LawRato LawRato · Accepted Answer · 2024-06-03T13:26:48+05:30

Indian Penal Code, 1860, Section 420, 467, 471, 468, Criminal Procedure Code, 1973, Section 439 -- Bail - Factors to be considered while granting bail - Held, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of merits of case need not be undertaken but reasons be indicated why bail was being granted - Court granting bail has to consider the same...Anticipatory bail - Question as to whether petitioner is the legally wedded second wife or not and whether he has executed any `Will' in favour of the petitioner, seems to be a civil dispute which can give a colour of criminal. as i can understand that its a crucial time, kindly engage a suitable lawyer to handle the case ASAP, if you want an assistance i can help you associate a lawyer in Allahabad.