Response

You can file a second bail application before the High Court or Sessions Court. You can file the second bail application before session court if it is on a new ground. If you cannot find a new ground to file a second application of bail before Sessions court then you can also file a bail application before High Court on the same grounds which you had used in the first application before session court.

Reason for rejection of bail by session court has to also be considered while filing for bail in High Court. Section 439 of the Code of Criminal Procedure covers special powers of High Court regarding bail. Section 439 of the Code of Criminal Procedure states that a High Court or Court of Session may direct (a) that any person accused of an offence and in custody be released on bail.

The grant or refusal of the bail is a matter of discretion of the court and cannot be demanded as a right by the accused in case of non- bailable offences. If even High Court rejects your bail application then you can approach Supreme Court through way of Special Leave Petition covered under Article 136 of Indian Constitution.

Reference:

20210027202100211424

LAWAYZ-2023-392