IMPORTANT: For urgent requirements of services of Bail from Supreme Court of India, mail us the order of the High Court alongwith copy of FIR, we will make an assessment and get back to you for filing of bail application before Supreme Court of India.
Online legal advice by expert team for bail from Supreme Court of India.
Bail in Supreme Court of India can be obtained by filing SLP against the rejection order of bail by any of the High Court. In some exceptional cases Bail can also be obtained by filing a Writ Petition under Article 32 of the Constitution of India. 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 legal resort. The eventualities of getting bail from the Supreme Court of India can be as under:
- 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
PROCESS FOR FILING BAIL IN THE SUPREME COURT OF INDIA:
The process of obtaining bail from Supreme Court of India is by way of filing a Special Leave Petition 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. Several important legal points are considered by the Supreme Court in such matters hence the SLP should be comprehensive and well drafted.
Bail can be obtained by filing a SLP which is mainly under Article 136 of the Constitution of India. It is basically by way of special leave to appeal against the order of the High Court raising various legal grounds. 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 court can grant bail to the accused or convicted persons.
LAW RELATED TO BAIL:
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 are also filed as SLP in criminal side of the court and bail is sought from the Supreme Court of India.
Once the SLP 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 petitioner 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 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.
ANTICIPATORY BAIL FROM SUPREME COURT OF INDIA:
The law related to anticipatory bail as laid down does not contemplate Supreme Court of India as a court hearing anticipatory bail and deciding the same on merits. The Supreme Court of India has the power and authority to grant the leave in a special leave petition and consider the merits and legalities of the anticipatory bail order passed by the High Court. While considering the aforesaid aspects, the Supreme Court can scrutinize the validity of the order and set aside, modify or even quash the same. Anticipatory Bail can be thus granted by the Supreme Court of India while considering all these aspects.
The law related to Anticipatory bail from Supreme Court of India is laid down in various important judgement and mostly it is dependent upon the facts of the case and the law applied by the High Court. Any error apparent is viewed and considered by the Supreme Court while granting anticipatory bail.
REGULAR BAIL FROM SUPREME COURT OF INDIA:
When a person is in custody of police or judicial custody, he has a right to seek regular bail from the courts. In case, any regular bail has been rejected by the High Court, without considering the entire facts and by error in application of law, the Supreme Court of India has a right to set aside the said order and grant regular bail.
The law related to regular bail by Supreme Court of India is laid down in several important judgement which describe the application of the law in particular facts of the case. It is very important to engage best lawyer for Supreme Court for getting bail as the legal point is to be established before the Supreme Court of India for seeking regular bail.
Suspension of sentence by Supreme Court of India in Criminal Appeal:
The suspension of sentence is the eventuality when the person is convicted by the court below and undergoing the punishment in jail. He is entitled to suspension of his sentence if the appeal is pending. In that event he has to approach the appellate court seeking suspension of sentence. In the event the same is rejected by the High Court also then , he has a right to approach the Supreme Court of India for suspension of sentence.
The law related to suspension of sentence is based upon the facts and circumstance of the case and the court considers the conviction order in its totality. In some of the cases, the court enlarges the time of surrender keeping in mind the circumstances but the compliance of such order is very essential as the Supreme Court may see the same seriously.
It is very important and crucial to engage the services of an expert and highly qualified Supreme Court lawyer for the services as the orders of the Supreme Court are the last resort and the same becomes very crucial at times.
Extension of time of surrender by Supreme Court:
Supreme Court of India has the power and authority to grant extension of time to surrender. The eventuality can arise in the event there is anticipatory bail order and the person is seeking time for surrender if the order puts such constitutionality.
In most of the case of conviction , the person seeks extension of the time to surrender and the Supreme Court allows the same considering the facts of the case.
(i) Affidavit of the petitioner duly sworn is to be filed alongwith the SLP.
(ii) Annexures as referred to in the Special Leave Petition, with court fees of Rs.2/- per annexure are filed alongwith the SLP.
(iii) 1+5 copies of the SLP paper book is required to be filed in the Registry of the Court.
(iv) No court fees is required for filing of the SLP.
(v) Index of the papers as per the format is to be filed on the top of the SLP for bail application.
(vi) Cover page of the SLP is to be fixed at the top of the petition.
(vii) Application for interim relief, stay, exemption etc. to be included in the SLP.
(viii) Memo of appearance, Rs. 5/- Court fee is to be filed alongwith the SLP.
ix) A true translated copy of the FIR is also to be filed alongwith the SLP .
The time under law prescribed is 90 days from the date of the order but the same can be explained and condoned in proper cases.
Anticipatory bail from Supreme Court of India can be obtained by filing SLP against the orders of the High Court or by filing a direct Writ Petition under Article 32 of the Constitution of India if the facts so permit.
There are a number of very good lawyers, based on the facts of the case and order under challenge but the most determining factor is the fees which the person is willing to pay.
All the documents filed before the High Court containing the copy of the FIR and all other relevant documents are to be filed.
NOTE: For online advice on the filing of Bail at Supreme Court, forward the order passed by the High Court alongwith the FIR.