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सुप्रीम कोर्ट से बेल, जमानत Bail from Supreme Court
Explanation in breif by Supreme Court lawyer , the process of getting bail from Supreme Court. The law realted to bail in Supreme Court of India and the various aspects related to the grant of bail by Supreme Court of India under various conditions.
Two broad types of bails are filed before the Supreme Court. One is regular bail, when the accused person is under custody or jail. The other one is anticipatory bail , meaning that the accused is anticipating his arrest and seeking anticipatory bail from the Supreme Court.
Most of the bail applications are by way of SLP or Special Leave to Appeal which is called Special Leave Petition. It is mostly against the orders of High Court or some tribunal and by way of appeal which is mostly against the orders of the High Court.
In some cases petition under Article 32 of the Constitution of India can be filed directly either by the affected or any other person. This is called the exercise of writ jurisdiction. It is rarely exercised for grant of bail by the Supreme Court.
In some exceptional cases, Supreme Court can take suo motto notice of some case and order for the release of the person arrested or for no arrest of the person apprehending arrest.
Bail is the right of a person and the Supreme Court always seeks to grant the right of liberty to the indvidual but in cases where the Supreme Court feels some adverse social impact of the release of the person or some efforts to tamper with the evidence of the case or intimidating the witnesses by the politically influencing persons, it refuses bail to the accused person.
After COVID , the filing of bail by way of SLP is online and the petition is filed online on the portal of the Supreme Court thereafter scruitnzied by the Registry of the court and then placed before the court for hearing.