FIR lodged against you under section 307, approach the High Court at the earliest, seeking anticipatory bail if you have not been arrested of regular bail, in case you have been arrested. Also, if you have strong grounds, you may also approach the High Court under Article 226 for the quashment of the FIR itself. The High Court should take a decision on the bail application moved by you within a week.
it may take one week to 15 days for a bail application to be disposed by high court, especially if the police report is awaited then it may extend upto 1 month also.
When bail application is rejected by the learned magistrate, the accused may file bail application before the Sessions Court or High Court. The Code of Criminal Procedure confers concurrent jurisdiction upon the Sessions Court and HonÕble High Court to grant bail under section 439 Cr.P.C. however, normal practice is otherwise. When bail is rejected by the learned magistrate, the bail application is file before the Sessions Court and if Sessions Court rejects the bail only then bail application is filed before the HonÕble High Court.
The pairokar of the accused has to come to court along with a free copy of the bail rejection order, a certified copy of First Information Report, and other relevant documents including case diary. If Charge-sheet has been submitted, then a certified copy of Charge-sheet is also required. The copy of the bail application is served in the office of the Government Advocate two days prior to the filing of the same before the HonÕble Court. Normally, seven daysÕ time is exhausted in considering the bail application by the High Court.
Normally, bail is granted on the first date of hearing, however, if entire documents are not available on record, or if entire documents have not been annexed by the applicant seeking bail along with his bail application, and charges are very serious in nature, only then HonÕble High Court calls for Counter Affidavit granting normally four weeksÕ time to the Government Advocate. If the Counter Affidavit is called for, then the bail application is decided after receiving Counter Affidavit and it takes around two monthsÕ time.
Reference: According to Section 439(1) of the Code of Criminal Procedure, a High
Court or Court of Session may direct,Ñ
(a) That any person accused of an offence and in custody be released on bail,
and if the offence is of the nature specified in sub-section (3) of Section 437,
may impose any condition which it considers necessary for the purposes
mentioned in that sub-section;
b) That any condition imposed by a Magistrate when releasing any person on
bail be set aside or modified.
However, the High Court or the Court of Sessions shall, before granting
bail to a person who is accused of an offence which is triable exclusively by the
Court of Sessions or which, though not so triable, is punishable with
imprisonment for life, give notice of the application for bail to the public
prosecutor unless it is, for reasons to be recorded in writing of opinion that it is
not practicable to give such notice.
As per Section 439(2) of the Code of Criminal Procedure, a High Court or Court
of Sessions may direct that any person who has been released on bail under
Chapter XXXIII (i.e., relating to bail) be arrested and commit him to custody.
The powers of the High Court in granting bail are very wide; even so
where the offence is non-bailable, various considerations will have to be taken
into account before bail is granted in case of non-bailable offence. Under Section
439(1) of the Code, the High Court can only release the accused in cases
pending anywhere in the State on bail or reduce the amount of bail, but cannot order the arrest or commitment to custody of any person who has been released
on bail by the lower Court but it can order to arrest the person who had been
released on bail under Section 439(2) of the Code.
In a recent judgment6
, HonÕble Supreme Court has held that there are no
restrictions on the High Court or Sessions Court to entertain an application for
bail, provided, accused is in custody. The judgment has put an to end the
decades old practice of first filing a regular Bail Application before a Magistrate having jurisdiction, and get it rejected for the purpose of approaching the
Sessions Court or High Court for bai