When a Sessions Court or High Court refuses bail, an accused can approach the Supreme Court of India for relief under Article 136 of the Constitution through a Special Leave Petition (SLP). The Supreme Court exercises wide discretion in bail matters and can set aside any bail order of a lower court.
When to Approach the Supreme Court for Bail
The Supreme Court is approached when: the High Court has refused bail in a serious criminal matter; a co-accused has been granted bail and parity is sought; the trial is unduly delayed; or the accused suffers from a serious medical condition.
Procedure for Bail SLP
An SLP under Article 136 is filed along with an application for urgent listing. Once admitted, the court may grant interim bail pending final hearing. The Supreme Court may impose conditions such as surrender of passport, regular reporting to police, or furnishing surety.
Key Judgments
The Supreme Court in Sanjay Chandra v. CBI (2012) and Arnab Manoranjan Goswami v. State of Maharashtra (2021) reaffirmed that personal liberty under Article 21 is sacrosanct and bail should not be refused as a matter of course.
Contact Adv. Rahul Gupta
If you or a family member has been denied bail by the High Court, contact our office immediately for urgent legal advice and Supreme Court representation.
