Since the High Court has dismissed your bail application on the same being withdrawn by your advocate, it was not dismissed on merits. So, if you approach the Supreme Court by filing SLP against the High Court order, the question that may be asked is why did you withdraw the bail application from the High Court. Withdrawal of application indicates that you were not interested on the same being decided on merits by the High Court; then how do you expect the Supreme Court to hear the same matter on merits? It would have been advisable if the High Court had dismissed the bail application on merits (instead of the same being withdrawn by you) if you wanted to challenge it in the Supreme Court. Now, the best course open to you would be to wait for the examination of the two material witnesses to be over and thereafter apply for bail before the Sessions Court. In case you feel that it is going to take a long period, you may try your luck again in the High Court by giving this reason of delay (you are generally required to show change of circumstances after rejection of the last bail application) and see if it succeeds; and if the High Court does not agree then you should get the bail application dismissed on merits so that it could then be challenged before the Supreme Court, if needed.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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