Getting rejected in an anticipatory bail plea in a Sessions Court may seem like an insurmountable tragedy. Your fear of getting arrested the very same day by law enforcement officers seems to become an immediate reality. However, the law of criminal jurisprudence in India is such that the decision of a lower court is not binding with respect to your personal freedom. With the coming into effect of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the law relating to pre-arrest bail has been effortlessly shifted from Section 438 of the CrPC to Section 482 of the BNSS. In case you get denied bail by a Sessions Court, then you have a ready-made right to approach the High Court. Here’s the plan of action in detail by the best Supreme Court lawyer in Delhi.
1. Ask for Urgent Temporary Protection
As soon as a Sessions Court rejects your plea for pre-arrest bail, you need to act fast. A skilled criminal defense lawyer will at once ask orally from the Sessions Judge presiding over the case for a temporary protection period (usually of 3 to 7 working days).It is completely at the judge’s discretion, but it is often seen that they give the temporary protection period only for allowing an individual a free passage to the High Court.
2. Apply for the Certified Rejection Order
The high court will not be safe for you to proceed with any verbal presumptions. The immediate course of action would be to apply for an urgent certified copy of the rejection order from the Sessions Court.Why the Order Copy is ImportantIt gives the precise reason as to what was the reason for the rejection, i.e., either it was the lack of facts or something else.
3. Lodge New Petition for Bail Under Section 482 of BNSS
After your petition is dismissed by the lower court, you should file your case in the High Court under Section 482 of the BNSS. It is vital to point out that the High Court does not just go through the minutes of the Sessions Judge, but performs independent analysis of the case on merit.Critical Aspects to Highlight in Your Petition to the High CourtNo Likelihood of Escape: Prove your good connection with the society, presence of property and family ties to show you cannot abscond.Compliance with Law Enforcement Authorities: Give evidence or express written commitment to prove that you have no problem coming to aid investigations whenever called.Malice or Imputation: In case your criminal case is based on some civil, commercial or matrimonial issue, bring in evidence of malice or ulterior motives involved.
4. Make Application for an Urgent Listing and Provisional Measures
As a fact, hundreds of cases are filed each day with the registries of the High Courts. In order not to be put behind bars while your case is under the normal process of registration, your legal representative should file a request for an urgent listing memorandum, also called “mention” of your case to the Bench.As the very first step towards the hearing of your petition, what your lawyer should primarily do is to seek for provisional protection against arrest pending the decision on your case. As long as you comply with the instructions of the court, you cannot be arrested.
5. Avoid Procedural Pitfalls (What Not to Do)
Under panic conditions, people seek hazardous shortcuts which may not work at all.
Do not Evade the Law
By fleeing from the jurisdiction or switching off your phone, you become an “absconding accused.” The High Courts will always deny pre-arrest bail to anyone who is actively evading the law as this shows no intention of cooperating.
Do not File Premature FIR Quashing Petition
There is a new trend wherein people file an FIR Quashing petition immediately after being denied Anticipatory Bail under Section 528 of the BNSS (earlier Section 482 CrPC). This move has been highly disapproved by the High Courts including Punjab & Haryana High Court. Quashing of FIR to avoid bail denial in the absence of surrender and any material change in the situation is sure to be dismissed along with hefty costs.
Conclusion
The Last Ditch Effort: Filing an SLP to the Apex CourtIf your case is denied by the High Court as well, the last resort for you legally would be to file an SLP (Special Leave Petition) to the Supreme Court of India under Article 136 of the Constitution. An intervention by the Supreme Court into the issue of bail will come about only in the event that there is a gross miscarriage of justice or an error in interpretation of criminal laws by the High Court. It is an important point in your legal battle, but still part of a regular process. You must meet the best criminal High Court lawyer in Chandigarh.