Bail rejected in high court

[pooja bisht]

My friend was convicted of 302 attempt to murder and arms act . His bail was rejected in session court. We applied for bail in high court after 2 months the bail was not granted and a counter of 28 days is given. What can we do in such condition?

[Dr. Ashok Dhamija]

There appears to be some problem with your question. On the one hand, you say that there is a conviction in a case under Section 302 IPC (murder), attempt to murder (which should be Section 307 IPC) and Arms Act. On the other, you say that the Sessions Court has rejected the bail. Please note that if there is a conviction in a murder case, the Sessions Court has no power to grant bail after there a conviction in such case. It is only the appellate court, i.e., the High Court, which can consider the issue of grant of bail under Section 389 of Cr.P.C. Of course, thereafter, you can also approach the Supreme Court.

Also note that in case of conviction in a serious case like murder, and that too with firearms (as you have said there is conviction under Arms Act also), generally the chance of getting bail (after conviction) would be very limited.

If the bail application has been rejected by the High Court, you can challenge that decision in the Supreme Court by filing a Special Leave Petition (SLP).

     

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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.

[pooja bisht]

Sorry, he is only convicted of attempt to murder and arms act. He was taken under custody on 5 Feb 2018. We applied for bail in high court but after two hearings, on 13 march 2018 a counter of 28 days is given . Now what to do ? And what is a counter ?

[Dr. Ashok Dhamija]

I have already replied to the issue. Even in an attempt to murder case, after conviction, the Sessions Court does not have power to grant bail. If bail is rejected by high court, then approach the Supreme Court.

Why don’t you check the basis facts from your lawyer as to what is “counter”? I am sure you would have paid him professional fee.

From the facts stated by you, it appears that “counter” may be referring to the “counter-affidavit” or reply to be filed by the opposite party, i.e., the prosecution. This means the court might have given 28 days time to file counter-affidavit or reply. If that is the situation, then that may imply that your bail application is yet to be decided, which in turn implies that your question (bail rejected in high court) itself is wrong.

So, please check it from your lawyer – what are the correct facts. Half-facts waste time of everybody, including ours. Please do not ask a question unless you know the basic facts.     

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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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