• In India, when exactly does the high court gives its decision for a bail application after hearing

In India,when exactly does the high court gives its decision for a bail application after the hearing? I have a friend who is a foreign and has been accused for a fraud crime of 30 lahk. And has been in police custody for 4 months now In ghaziabad. 

 His bail application was rejected at the session court. So the family applied at the high court in Allahabad. After a month, the bail hearing was listened by the judge today.who then again gives the persecutors another one month to file an objection before deciding wether to grant the bail or not. 

I don't quite understand the decision, because the persecutor was present at the court,why couldn't they argued whatever objection they may have? Why are they given another month? The investigation again the accused as been concluded. His charge sheet has been released, is he not supposed to be granted bail to go prepare for his trial? The lawyer told us that because he is a foreigner and the amount is 30 Paul,that is why the judge gave the persecutor to on the 24th of January to submit their objection. Is this done? What do you think happened? Are the lawyers been sincere? Is there anything the family can do to speed things up? Thank you.

PS: sorry for the long message, I just want to give as much details as possible.
Asked 9 months ago in Criminal Law from Delhi, Delhi
Religion: Christian

Hello,

it is a usual practice is case involving huge amount to ask for counter from state. Generally on the next date the bail will be granted by the HC.

regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

His lawyer could have pleaded for interim bail which is a Interim is like a temporary bail which may be granted till the time your application for Anticipatory Bail or Regular Bail is pending before a Court. 

In that case your friend would have been released temporarily till the next date of hearing.

Also, You can challenge the order of the High Court in supreme court by filing special leave petition.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

Sir as  PP has to take instruction from police for the role of accused and then file objection so  court may grant time.

Further it is not compulsory that once charge sheet is filed bail needs to be granted to the accused. 

See bail is discretion of the court so it cannot be said why exactly court gave more time may be he is foreigner and there is chance that he can flee from India so to ascertain court has given time or it may be that court is willing that you offer to deposit some amount in court.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

There is no prescribed time limit within which the bail application has to be disposed by the high courts.

It varies from one high court to other across the country.

In general the bail applications in respect of the accused being a foreigner, the courts exercise abundant caution, hence they await reports by the investigating agency i.e., the police or CBI or whoever. The public prosecutor have to depend on the information provided by the investigating agency to endorse his objection, hence the time is given.

You may have to wait and adhere by the procedures of law, your anxiety or frustrations have no answers in law.

 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

High has power to do so. There may be chances that some querries for granting bail was not satisfied by prosecutor so HC gave time. Ideally it should  be argued on that day only being a bail application it deserves urgent hearing. Mostly on next date he may get bail.all the best

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

1) judge ought not to have granted one month time for filing reply 

 

2) any reply ought to have been filed by prosecution before date of hearing 

 

3) maybe because accused is foreigner magistrate does not want to pass order unless reply of prosecution is on record 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Convicted person has two option to get bail. One at trial court where punishment is less than 4 years. The trial court judge has power to suspend punishment and Grant bail for a short period to enable convict to file appeal get bail till disposal of appeal.

For a bail before trial court, convict is directed to produce surities who should own properties to the value fixed by the court. Some time if offence is in simple nature convicts are directed to execute bonds for sum fixed by courts.

For bail before Appeal court , no hardstick or parameters are followed, Accepting appeal itself is a valid ground for granting bail.

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

Dear clients

Mostly the bail orders are passed the same day the hearing concludes. Giving time of one month to file objections is arbitrary and against law. You may approach the SC against this order. There are high chances of getting bail. You can contact us if needed.

Adv Vikas

Vikas Khatri
Advocate, Delhi
179 Answers

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