Bail Appeal Procedure: High Court

Bail Appeal Procedure

Bail Appeal Procedure in Indian Law? how to get it from to High Court

Bail appeal procedure to High Court is governed by Section 389 of the Criminal Procedure Code (CrPC). This section deals with situations where a convicted person can get bail from the Appellate Court after filing a criminal appeal. It also deals with a situation where the trial court itself can grant bail to a convicted accused enabling him to prefer an appeal.

Unlike in pretrial bail proceedings, no presumption of innocence exists after a conviction. As a result, when there’s a question as to whether bail is appropriate, most states place the burden on the convict to show that he has a good chance of being successful in the appeal and he would not flee to another country or go underground or failed to appear for court hearings in the past or cause any injury to anyone or ties to the community such as family . If the High Court is satisfied that the accused is entitled to bail, it may grant bail on such terms and conditions as it deem fit. 
Courts can consider the merits of the appeal. If it appears the appeal is frivolous or simply intended to delay the proceedings, the court is less likely to allow bail. 
Section 389 CrPC: Suspension of sentence pending the appeal
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.
(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.

(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,-

(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub- section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.


Case Law:

Shri. Dobi M. Marak vs . State Of Meghalaya & Anr. on 22 May, 2023Section 376(1) and Section 506(1) IPC, this appeal was filed with a prayer to set aside and quash … seen that the appellant was released on bail on 10.06.2015, but was re-arrested on 18.08.2016 on the strength

Jyotiben Ramlal Purohit And Etc. vs State Of Gujarat And Anr. on 14 December, 1995: Pending the appeal, the convict preferred an application for temporary bail. Learned Single … bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail

Tahir Khan @ Shakeel vs State Of Rajasthan on 3 August, 2005: after conviction, should be released on bail pending the hearing of their appeals should they make an application for this … grant of bail, as mentioned above. The criteria and time frame for grant of bail in pending appeals for long.

State Of A.P.Thr.I.G.National … vs Md.Hussain @ Saleem on 13 September, 2013: order of the special court granting or refusing bail. Appeals under 21(4) are not required to be heard … orders are not appealable, an appeal is provided against the order granting or refusing the bail.


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