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Gautam Kapoor (IT professional Studying Law)     19 May 2014

Why is bail denied in lower courts and granted in hc or sc

When the laws are the same and the rules of the book are the same and to be strictly adhered to  ... why do lower courts deny bail and higher courts grant bail.Is this a bailing game ? or I’m missing the  BIG picture virtue of my limited knowledge.Seniors please advise.Why does an aggrieved always have to knock the doors of the higher courts irrespective of his innocence thereby increasing the already existing workload of the higher courts ?I Appreciate to be enlightened here and the logic behind the BIG picture.

Why is Quash procedure not allowed in the lower courts? what are the impediments ?


 3 Replies

navdeep (ABM)     19 May 2014

Point to be added...baseless cases are also filed in lower court like without juridiction, cause of action which further got rejected in higher courts but no HC or SC looks into the role of corrupt judges in lower courts. I also heard from one person we need to give 50k for filing false and baseless case and bit high amount for exparte order.

Sudhir Kumar, Advocate (Advocate)     24 May 2014

 system has no deterrance against false case filing both in civil and criminal.

It is pity that some persons have to move to HG or SC just for bail.  Further there are many accused of bailable offence but unable to secure bail.


The system has not been over hauled.

Gautam Kapoor (IT professional Studying Law)     24 May 2014

Agree Mr.Sudhir. When the normal rule is ”BAIL NOT JAIL” and is a matter of right,the rules of the book being same,not sure what is the criteria...Are the lower courts trying to potray a picture that they want guidance from the higher courts even though similar SC and HC citations are presented to guide the case.

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