When one gets accused of a crime and will probably go to jail, the first thought that comes to their mind is staying away from prison. And the answer to this is to post for Bail from Supreme Court. Bail is when the arrested person gives cash, bond, or property to the court with a promise to appear in front of the court whenever they are asked to.
The judge approves the bail. Usually, a set amount can be paid to get bail immediately, but if the accused is unable to pay that amount, they can appeal to the judge to reduce the amount. All in all, the arrested person will have to follow the bail schedule of the station house.
Importance Of Bail Applications
Many best bail lawyer in delhi will agree that these bail applications are very important. Apart from meeting their goal of getting their client the freedom, they also want to put the bail application in motion because this will help get many insights that will strengthen their case.
Since the final decision is of the judge, the defense lawyer needs to be very careful with the bail application and make sure that no haste is made with the appeal. The best option is to reach an agreement with the prosecutor; the defense lawyer should choose their words carefully.
Petitions and application for an aggrieved party
There are some petitions and bail applications that the aggrieved party can file for in court. They are transfer petition, special leave petition, and anticipatory bail.
Transfer petition
The Transfer Petition in Supreme Court is filed to transfer the case to some other court. The party that wants to transfer the case is the one who files this petition in their current court. Then it is up to the court whether they want to consider this transfer, and the decision will be made after considering relevant reasons. It is mostly related to the convenience of the party.
Special leave petition
Special leave petition is an important part of the Indian judicial system. It is also known as “SLP.” The aggrieved party files for Bails Special Leave Petition in the court ask for permission from the Apex Court to be given a chance to be heard without any judgment.
Anticipatory bail
The Anticipatory Bail from Supreme Court is there to protect a person from getting falsely accused. Thus, this bail gives protection to such a party from getting immediately arrested. The application can only be filed if the party is getting arrested for a non-bailable offense.
Role of a bail lawyer in criminal cases
Since the court will decide on granting or denying the bail application and the bail amount, it is the defense lawyer’s responsibility to present a strong argument. The lawyer will need to provide the right evidence that will be in favor of the defendant. Also, the defense lawyers can file a motion to ask the court to reconsider the bail amount and lower it by providing all the compelling evidence.
Even with a bail bond, the defense attorney can use their connections to get a licensed bail bond agent and become the intermediary between the defendant and the bail bond.
Bottom Line
For every criminal and defense proceeding, bail applications are very important. Therefore, a defendant should carefully choose their defense attorney so that they can create a strong case that will favor the defendant. And the faster the attorney is appointed, the sooner the proceeding for bail can be carried.
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