Rejection of bail is a disturbing thing. If accused of a criminal offence in India, the first thing he thinks about is himself. The main legal remedy that an accused person can use to secure his release from custody while waiting for trial is bail. Nonetheless, it is the case that not every application for bail goes smoothly.
The lower courts often refuse to accept a bail application; then a person must come to the High Court in order to seek release. It is at this stage that the need for a legal expert becomes clear. So we see why filing and arguing a bail rejection appeal at the High Court is not just a simple business.
This blog will discuss the details of the role of a legal expert for bail rejection appeal at the high court in India, and the legal help is available to help in these cases.
Understanding Bail in Indian Law
We can consider bail as a legal guarantee of temporary freedom for a person charged with a crime, secure in the knowledge that when necessary, he will still be there to answer in court. What really goes on behind bail? It is an opportunity for an accused person to be free on his own terms, whilst also respecting the concerns of society.
Provisions of bail in India are mainly discussed under the Code of Criminal Procedure (CrPC). Sections 437, 438 and 439 of the CrPC deal with regular bail, anticipatory bail and the bail powers belonging to higher courts.
Why Bail Applications Get Rejected
Instead of being granted, a bail application is actually swallowed; the court will listen to certain factors before nodding or shaking its head. A bail application may be rejected for a number of reasons. Here are a few:
- If it’s a serious crime, one of the reasons why a bail application may be rejected is for a serious crime. For example, murder, rape, and terrorist activities are less likely to receive approval from the courts than lesser offences like theft or kidnapping (the higher the offence rates in terms of seriousness, the more judges).
- If the accused might attempt to interfere with or destroy evidence, bail can be denied. Nothing is sacred for him if he is not damaged; no one else’s testimony can prove his innocence, even remotely valid
- Since he has nothing to lose by abusing everyone involved on either side and telling any kind of story that suits his purpose, which replaces every fact opposed to what may originally have been said, the courts will take into account whether the accused might abscond from within the jurisdiction and avoid trial.
The Role of a Lawyer
With judicial bail rejections, a legal advisor is critical. The High Court’s requirement for the appeal is quite different to that of ordinary bail applications in terms of both law and procedure.
The importance of seeking professional help in these matters will be explained as follows:
Knowledge of Legal System and Procedure
A lawyer who knows Indian criminal law also knows Indian penal code provisions, the latest case law and so on. Judges in High Courts will hold fast to precedents; what they have said before can only be overruled by an expert legal outsider.
Drafting the Appeal
Revising an appeal against bail refusal is not just a matter of going through the motions. You have to present new points in a persuasive light or allege errors of law, and, very importantly, lay claim to your constitutional right to liberty. Appeals badly worded at the outset tend to be thrown out at an early stage.
Courtroom Representation
In a High Court, a strong oral argument needs to be made. A skilled lawyer can make persuasive speeches, answer questions from judges, and demonstrate the weaknesses of his opponent’s case.
Why Choose Us?
Not every unsuccessful case should be filed for appeal right away. A good lawyer knows when to launch this appeal and what grounds it should be based on.
We are the best lawyers in Delhi, and we have the best lawyer team to handle these cases. Please contact us and allow us to handle these cases easily.