Bail from Supreme Court of India

By Team Legal Helpline India, December 27, 2014

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

DOWNLOAD FORMAT OF BAIL FROM 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 process of obtaining bail from Supreme Court of India has not been specifically defined under any special law as the person affected by the dismissal of the bail petition from High Court has the only option to approach the Supreme Court by way of filing a SLP and 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 which contemplates that the 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. 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 by way of 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 or the matter is dismissed by the court instantly. 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 and 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.

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 for bail from Supreme Court of India are filed which are duly bound.
(iv) No court fees is required for filing of the SLP for bail from 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 from 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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