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In this Article we will talk about | Bail Format with Sample. Bail Application under Section 437 of Criminal Procedure Code | Bail Application under section 437 Cr.PC. This article we points out the important points to remenber while you Draft Bail Application under section 437 of CrPC
Bail Application under Section 437 CrPC
When an person on whom accusation of commission of Non Bailable Offences has been given (Here in after referred as accused) and that person is arrested by the Police during investigation. When presented before the Magistrate, Magistrate has sent him to Judicial Custody. After fulfilment of all these conditions accused can apply for Bail Application before the Magistrate who has granted him judicial custody.
Bail Application Format and Sample Bail Application
BAIL PETITION — PETITION FOR BAIL UNDER SECTION 389 OF CODE OF CRIMINAL PROCEDURE, 1973.
IN THE COURT OF SESSIONS JUDGE……………………………
Case No……………………… of 200
IN THE MATTER OF:
Petition for bail of the accused — petitioner pending hearing of appeal.
State………………………………………………………. Petitioner
versus
XYZ………………………………………………….. Respondent
The humble petition of the accused in the abovementioned case.
Most Respectfully Showeth:
- That the petitioner was convicted under section 379IPC……………………….. and sentenced to undergo…………………….. rigorous imprisonment.
- That the petitioner is filing this appeal against the said order of conviction before this Hon’ble Court.
(State facts)
- That the petitioner is a business man of repute and there is no apprehension of the petitioner absconding pending the hearing of the appeal.
- That the petitioner has good chances of succeeding in the appeal.
PRAYER
It is therefore humbly prayed that this Hon’ble Court may be pleased to grant ad interim bail pending the hearing of the appeal.
AND for this act of kindness the petitioner shall ever pray.
Petitioner
Through Advocate
Place:
Dated:
VERIFICATION
I…………………………………………..son of…………………………………………………………………….residing at……………………………………… solemnly affirm and state as follows:
- That I am the petitioner abovenamed and am aware of the facts and circumstances of this case.
- That the statements made in paras……………………… to…………………………….. hereinabove of the petition are true to my knowledge and belief.
- That I have signed this verification on this………………………….. day of………….. at………………….. Solemnly affirmed by the said…………………………. on this……………………. day of………………………. 200 at………………………….
Before
Notary
Also Read Format of Anticipatory Bail Application
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Affidavit in Bail Application
Affidavit in Bail Application
JUDICIARY STUDY MATERIAL AND TEST SERIES
BEFORE THE HON’BLE COURT OF…………………..
Affidavit
In
Bail Application No. ………………… of …….
(Under Section 437, Cr.P.C.)
District………………….
Sri. …………………. S/o……………….. R/o…………………… P. S. ………………. District …………….
……………. …Applicant
Versus
Affidavit of Sri. …………………………………….. aged about .……….. S/o ……………………….. R/o …………………… P.S…….………… District …………
…Deponent
I, the deponent above named do hereby solemnly affirm and state on oath asunder:
- That the deponent is the pairokar of the applicant and as such he is fully acquainted with the facts of the case deposed to below.
- That the contents of the aforesaid bail application are true and correct to the best knowledge and belief of the deponent.
- That no other bail application of any kind on behalf of the applicant has ever been filed in the aforesaid case either in this Court or before any other Court.
Deponent
I, …………………. the above named deponent do hereby solemnly affirm that the contents of this affidavit are true to the best knowledge and belief of the deponent.
Verified on ……………………… Identified by ………………
Date…………
Advocate Deponent
Conclusion
The procedure of bail in the country needs to be changed. The recent amendments in the bail procedure are not sufficient to cope up with the existing problems. The concept of bail bonds needs to be replaced with some other effective instrument that will create deterrence in granting bail. The bail procedure needs to make the poor friendly, the hefty amount charged by the courts in the bail bond.