If you have been rejected from the Sessions Court bail application, you might feel utterly disappointed. If your request was for anticipatory bail, then the fear of imminent arrest will be looming large upon you. In case of regular bail, you will continue to stay in jail. But do not think that an unfavorable verdict in a lower court will put an end to all your efforts in your legal journey. You can meet the best Criminal High Court lawyer in Chandigarh. Here is what will happen next.
1. The Immediate Legal Fallout
At the moment that the Sessions Judge signs the rejection, the legal position of the accused automatically changes as follows:
- For Anticipatory Bail: All temporary immunity enjoyed by the accused against arrest comes to an end at once. The police become legally empowered to trace, locate and arrest the accused.
- For Regular Bail: The accused is taken into judicial custody again
Step 1: Securing the Certified Order
Your legal team needs the certified copy of the rejection order before proceeding with anything else in this case. This is the document that contains all the information as to why the bail was rejected by the judge. In this case, the High Court will look at the reasons for the ruling.
Step 2: Approaching the High Court
In Indian law, the Sessions Court as well as the High Court exercise concurrent jurisdiction on bail applications. This implies that in case of refusal from the lower court, you will be eligible to seek assistance from the High Court such as the Punjab & Haryana High Court for any case filed in Punjab.Your attorney will make an application in accordance with new codes of law:
- Regular Bail: An application is made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (Section 439 CrPC).
- Anticipatory Bail: An application is made under Section 482 of BNSS (Section 438 CrPC).
How the High Court Evaluates Your Case
The High Court does not only endorse whatever the judge at the lower court had decided to do. The case gets evaluated all over again from an entirely new viewpoint.
What If the High Court Rejects Bail Too?
If the High Court also denies the application, the ultimate legal remedy is to file a Special Leave Petition (SLP) before the Supreme Court of India. The Supreme Court acts as the final arbiter, reviewing whether constitutional rights or fundamental principles of liberty were violated by the lower courts.
Conclusion
You have to act swifty. However, even though it is not an easy step, it is a regular process in the case of complicated criminal proceedings. In the High Court, there is greater authority available to obtain justice for the defendant. Speed is one of the main requirements here along with avoiding the immediate arrest of the accused and writing a very comprehensive petition. For further reference, you can contact the best Supreme Court Lawyer in Delhi.
Frequently Asked Questions
Q1: Is it possible for me to apply for bail again in the Sessions Court later?
Ans-: Yes, certainly! But there is a major change in the circumstances of the case.
Q2: Is it possible for the High Court to grant bail in case the offense is non-bailable?
Ans-: Yes, of course. High Courts have wide discretion in order to grant bail for serious non-bailable offenses as well.
Q3: Is it mandatory for me to appear in person at the High Court for a bail hearing?
Ans-: No. The best criminal High Court lawyer in Chandigarh is there to represent you as your physical presence is not generally required.