How Can You Appeal A Bail Decision

We can trace the bail from the time of Plato when in 399 BC when Plato first tried to create a bond to free Socrates. In ancient India, Kautilya’s Arthashastra also mentioned that avoiding pre-trial detention was ideal. In the Mughal era, bail was there in the form of ‘Muchalaka’ and ‘Zamanat’.

Later on, the circuit courts in Britain started a system of bail. The modern day concept of bail originated from medieval laws.

Now, in modern times, the bail is governed by BNSS. Chapter 34 of BNSS from section 479 to 498 talks about bail and bail – bonds.

How Can You Appeal A Bail Decision

Procedure after bail is granted

  • After the bail is granted, the accused person or surety must provide for sureties or bail bond to secure bail amount. If the sureties or bail bond is not provided, it may result into bail being revoked.
  • The accused person must comply with bail conditions. Non – compliance of bail conditions may result into cancellation of bail.
  • The accused person must attend all the court hearings. He should appear before court whenever called to appear.
  • The accused person might be on supervision or monitoring while on bail. They may be obliged to wear an electronic monitoring device or submit to random drug tests.

Overall, after granting bail, the accused person is required to comply with the conditions of bail. He should not violate any condition of bail.

How Can You Appeal a Bail Decision

In case your bail application has been rejected then you can appeal from that rejection If the bail application has been granted then the other party can appeal from the grating of bail application. The appeal can be filed from the decision of the session court to the High Court. The High Court holds the power to review the order of session court and may allow the bail application if considered suitable.

Likewise, from the order of the High Court, appeals can be filed in the Supreme Court. The SC has the power of review the decision of the High Court. There are certain steps which needs to be followed in case you want to file for appeal. These are:

  • The first and foremost thing is to appoint a lawyer who can file an appeal on your behalf. The experienced lawyer is necessary for filing the bail application.
  • The lawyer will draft the appeal petition. The grounds of appeal will be mentioned in the appeal petition.
  • File the appeal petition in the court. Ensure to file an appeal within the stipulated time.
  • On the date of hearing, appear before the court and present your case. Present the arguments in the court. The court will examine the merits of your case.
  • The court will pronounce the judgment after analysing both the sides.
  • If you are not satisfied with the court’s decision then you can file a Special Leave Petition in the Supreme Court. Our legal system provides the recourse of further appeal to the Supreme Court.

Case Laws related to bail application

  • In the case of Prahlad Singh Bhati vs NCT Delhi and Ors., 2001, the Supreme Court has laid down other relevant grounds which should be considered while deciding the bail application. These are the possibility of repetition of crime, the time taken between the date of occurrence and the conclusion of the trial, the illegal detention, undue delay in trial of the case.
  • In the case of Aasu vs. State of Rajasthan, 2017, the Supreme Court even held that bail applications should be disposed of within one week.
  • Khemlo Sakharam Sawant v State of Maharashtra, 2001, the court held that Bail is the Rule and Jail is an Exception.

You can contact Lead India for any legal help. We provide online free legal advice, Along with other legal assistance. On our platform, you can talk to lawyers. You can freely ask any legal question. We provide the solutions to your legal problems.

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