Can accused get bail from Supreme Court immediately after its rejection by High Court?

Tilak Marg Forum for Legal Questions Forums Criminal Law Can accused get bail from Supreme Court immediately after its rejection by High Court?

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 week, 1 day ago.

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  • #4918

    Anonymous
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    In a dacoity case under Section 395 IPC, bail application of the accused has been rejected by the High Court. If the accused person approaches the Supreme Court against this order, can he immediately get bail from the Supreme Court?

  • #4921

    Where the application for grant of bail in an offence has been rejected by the High Court, you can immediately file a Special Leave Petition (SLP) in the Supreme Court challenging such order of the High Court.

    In fact, such SLP is required to be filed within a limitation period of 90 days from the date of order of the High Court (time actually taken for supply of certified copy of the High Court is excluded from this time period of 90 days). If you delay filing the SLP beyond this period of 90 days, then you may have to also file an application for condonation of delay along with the SLP. Then, it is up to the Supreme Court whether or not to condone the delay, depending on facts of the case.

    Thus, you have a right to file the SLP in Supreme Court immediately after rejection of bail application by the High Court.

    However, whether the Supreme Court would immediately grant bail in such SLP would depend on the facts and circumstances of each case. Every case is not similar. In most cases, the SLP may be dismissed on the first date itself without issuing notice to the respondents. Where a notice is issued by the Supreme Court in the SLP, even there generally it may take a few months to get the final order (notice is issued to respondents to file their reply and then hearing is conducted on merits); sometimes, it may take even years. It all depends on the facts of each case.

    Dacoity (under Section 395 IPC) is considered a serious offence. Therefore, chances of getting bail at an early date would generally be correspondingly less. However, as I mentioned above, it ultimately depends on facts of each case.

         


    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.

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