Matters filed in the High Court
- Regular bail under Section 483 BNSS, usually after the Sessions Court has refused it.
- Anticipatory bail under Section 482 BNSS, after the Sessions Court has refused it.
- Suspension of sentence and bail pending appeal under Section 430 BNSS, after conviction, while the appeal is pending.
- Cancellation of bail, when bail granted to an accused is misused or was wrongly granted.
- Interim bail for a short period, for reasons such as medical treatment or a death or marriage in the family.
How a High Court bail matter moves
- The petition is drafted with the FIR, the orders of the lower courts and the grounds, and filed online on the Delhi High Court's e-filing system.
- An advance copy is served on the State's counsel.
- The matter is listed before the bench hearing bail matters. The court usually calls for a status report from the investigating officer, and in long-custody matters, the jail's nominal roll.
- After the status report, the matter is argued and decided.
What helps a High Court bail petition
- A clear chronology: date of arrest, chargesheet date, and the dates of earlier bail orders.
- The total time already spent in custody, and how far the trial has gone.
- Change in circumstances since the last refusal, such as a chargesheet being filed or witnesses examined.
- Orders granting bail to co-accused with a similar role.
Bring the certified or downloaded copies of every earlier bail order. The High Court will want to see what the lower courts said and why.