LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

V Kumar Singh (Executive)     26 January 2025

Rejected ab re-application

AB is rejected before single bench HC. The judge is strict, he summarily rejects AB applications. Subsequent to this rejection, there is a significant positive CHANGE IN CIRCUMSTANCES for the accused whose bail has been rejected. 

Now, my query is, Can we re-apply for AB before a larger bench (so that now there will be more neutral judges, who look at matters on merit ) ?



 3 Replies

Dr. J C Vashista (Advocate )     26 January 2025

If there is change in circumstances, as stated by you, submit second bail application explaining relevant situation(s).

You cannot opt for larger / single bench, it is as per roaster of the High Court decided by Chief Justice.

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 January 2025

In most Indian High Courts, a division bench acts as the appellate authority for decisions made by a single judge. 

When filing an appeal to the division bench, you need to demonstrate that the single judge made a legal error in their decision or that the decision was based on incorrect facts. 

if a single bench dismisses an application, you can file an appeal, which is often called a "Letters Patent Appeal" (LPA), before a division bench of the High Court to challenge the single bench's decision; essentially, you can file an application before the division bench seeking a review of the single bench's order.

1 Like

P. Venu (Advocate)     26 January 2025

Fresh petition  could be filed if there is a fresh cause of action or a change in circumstance; the single judge's order is appealable if the order is erroneous on substantial grounds.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register