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Bail from Supreme Court of India

By Team Legal Helpline India, December 27, 2014

IMPORTANT:

For urgent requirements of services of Bail from Supreme Court of India, call our board No. 9-11-2335 5388 or mail us through the contact us page of our website.

DOWNLOAD FORMAT OF BAIL FROM SUPREME COURT OF INDIA

Bail from Supreme Court of India can be obtained by filing SLP against the rejection order of bail by any of the High Court. One can not directly approach Supreme Court of India for bail except some very peculiar circumstances. One needs the services of highly qualified and trained lawyer from Supreme Court of India for bail and all other related services because it is the last resort. The eventualities of bail from Supreme Court of India can be summarized in the following manner:

  • Anticipatory bail from Supreme Court of India
  • Regular bail from Supreme Court of India
  • Suspension of sentence by Supreme Court of India in appeal
  • Extension of time of surrender for a convict

PROCESS FOR FILING BAIL BEFORE SUPREME COURT OF INDIA:

The process of obtaining bail from Supreme Court of India is by way of filing a Special Leave Petition before the Supreme Court of India against the orders of the High Court rejecting the bail.  The  person affected by the dismissal of the bail petition from High Court has the only option to approach the Supreme Court. He can file SLP showing the irregularities, illegalities and perversity of the orders passed by the High Court and seek the leave to appeal against the orders of the High Court rejecting the bail application.

Bail from Supreme Court of India can be obtained by filing a SLP in Supreme Court of India which is mainly under Article 136 of the Constitution of India. The merits and demerits of the rejection order of the bail by the High Court is shown in details and the legal grounds on which bail is being sought is to be made.  Supreme Court of India in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order in any case of matter passed or made by any Court or tribunal in the territory of India except the Court of tribunal constituted by or under any law relating to armed forces. During this process the Supreme Court of India can grant bail to the accused or convicted persons. 

The party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court. The SLP under Article 136 of the Constitution of India is the most prevalent and common petition filed before the Supreme Court of India against the orders of the High Courts. All applications for obtaining bail from Supreme Court of India are also filed as  SLP in criminal side of the court and bail is sought from the Supreme Court of India.

Once the SLP for obtaining bail from Supreme Court of India is listed for hearing before the Court, the Court can either issue notice to the state concerned . In the event of the court issuing a notice in the SLP in Supreme Court of India, the petition has to file the process fee and the sets of the petition for service of the notice on the other party.

The Registry of the Supreme Court of India thereafter issues the notice to the respondent party who can appear before the court in accordance with the rules in SLP in Supreme Court of India. The SLP is thereafter heard and decided by the Supreme Court in accordance with the law. The orders under challenge are upheld, quashed or modified accordingly by the Supreme Court of India. If the Supreme Court of India is satisfied by the case,  the order for bail is granted by the court and in most of the cases when notices are issued by the court, there is an interim order protecting the applicant from being arrested which is called the interim order.

The process of grant of bail from Supreme Court of India should always be carried on by a highly qualified and trained lawyer of Supreme Court of India as it is the last court where the chances of bail are there. If the Supreme Court rejects the bail , there is no other remedy. 

Till date the Supreme Court has laid down several important criterion for grant of bail which are strictly followed by the courts. The legal grounds for bail are thus very important and crucial. The legal grounds thus raised for bail before Supreme Court of India should be raised in such a manner that the court is satisfied by the same and grants bail. 

IMPORTANT TIPS FOR OBTAINING BAIL FROM SUPREME COURT OF INDIA:

(i) Affidavit of the petitioner duly sworn is to be filed alongwith the SLP for obtaining bail from Supreme Court of India.
(ii) Annexures as referred to in the Special Leave Petition, with court fees of Rs.2/- per annexure are filed alongwith the SLP for bail from Supreme Court of India.
(iii) 1+5 copies of the SLP paper book is required to be filed alongwith the application for getting bail from Supreme Court of India.
(iv) No court fees is required for filing of the SLP for bail in Supreme Court of India.
(v) Index of the papers as per the format is to be filed on the top of the SLP for bail application in Supreme Court of India.
(vi) Cover page of the SLP for bail from Supreme Court of India is to be fixed at the top of the petition.
(vii) Application for interim relief, stay, exemption etc. to be included in the SLP for bail from Supreme Court of India.
(viii) Memo of appearance, Rs. 5/- Court fee is to be filed alongwith the SLP for bail from Supreme Court of India.
ix) A true translated copy of the FIR is also to be filed alongwith the SLP for bail from Supreme Court of India.

NOTE: As a Law Firm Delhi, we provide all legal services and legal advice for matters related to bail from Supreme Court of India, call us at our board No. 9-11-2335 5388 or mail us through contact us page of our website for any such services.

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