1. Based on the Session court order, File Bail Application again in the HC. Here HC has directed that the Record & Proceedings of Bail Application, be sent to the Session court.
Bail application
Hello Sir, We had applied bail in highcourt for my brother before submission of Chargsheet. Before the hearing date Chargsheet was submitted so we withdrawn from highcourt and applied in session court. Session court have rejected same on the grounds saying its 2nd application after Chargsheet (though it's 1st application after Chargsheet). Few days after rejection order we see update on session case, which says "NOBTOB Writ received from highcourt " further it mentioned details of highcourt order of withdrawal. My question is what this writ from highcourt means? Secondly how highcourt came in pictures without suddenly? Is it positive news for us? This writ can force session judge to change her decision? Thanks
Asked 4 years ago in Criminal Law
Religion: Hindu
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11 Answers
Hi,
Instead of going through in depth of above mentioned complexities, better, you file a new bail application before High Court and try to get a relief.
It is not positive news for you
2) it merely mentions that writ pending in HC has been withdrawn
- NOBTOB = No Order of Bail, To Obtain Bail. This implies the High Court rejected the bail petition of petitioner and directed the petitioner to move sessions Court if he desires to seek bail.
- Then the petitioner, as your case is, did move the sessions Court; where the bail application was considered on merits and was rejected.
- Now the question to consider is, what needs to be done? You can either a) challenge the order of rejection of bail by sessions Court, in High Court or b) not challenge the order of rejection and either plead to be discharged or stand trial, puncture holes in prosecution case and get acquitted.
- To choose out of the options I have enumerated in 3, I as your Advocate would need to go through the order of rejection by sessions Court, the FIR, the chargesheet... And then we can take it from there.
- This follows that you have to visit me for exhaustive consultation and then appoint me as your advocate. I'm based in Mumbai/Navi Mumbai just as you are; so it shouldn't be much difficult for you to visit me for exhaustive consultation.
1. The order passed by high court when you withdrew the bail application in high court has reached the sessions court.
2. This is done in due course of action and there is no advantage or disadvantage in it.
The writ is only for information purpose that the hc matter is withdrawn. You can again apply in HC against session Court's order
it is not positive news.
you can apply for bail in High court.
Bail application was not suppose to withdrawn, submission of charge sheet has no effect on application.
NOTTOB means Matter not on board ans status of your application before HC is withdrawn. Session court decision is final.
It means that High court have sent the order that bail application filed in high court have been withdrawn without any order.
No it is not positive news for you.
No it will not change decision of session court.
You should approach High Court to apply for bail.
First of all you have not stated that whether you had filed a writ or not before high court.
Moreover the information you have furnished is incomplete to form an opinion in this regard.
You could have applied for bail before high court instead of withdrawing it at that time when the charge sheet was filed.
Even now you may apply.
You may clarify the details from your advocate who is in the knowledge of the entire proceedings.
- As per the information mentioned in the present query, makes it clear that you withdraw in the high court.
- It means that you still have a chance to file again before the Hon’ble HC if Sess. Court rejects it.
- And no, there will be no boundaries for the session judge to consider it nor not as it is just the information cane to the lower court as that your matter has not yet adjudicated by the upper court of law.