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Showing posts from January, 2015

APPLICATION FOR REFUND OF BAIL AMOUNT DEPOSITED

IN THE METROPOLITAN MAGISTRATE’S ____ COURT At _____________, MUMBAI COURT CASE NO. _____ / ___ / 2015 _______________________ …..Complainant Versus ______________________ …… Accused APPLICATION FOR REFUND OF AMOUNT OF RS. ______ MAY IT PLEASE YOUR HONOUR: On behalf of the Accused above named, it is respectfully submitted that: 1. That the aforesaid Accused got acquittal by Order of this Hon’ble Court dated ______, and this Hon’ble Court was pleased to cancel the Bail Bond so executed by the said Accused. 2. That about six months have elapsed since the passing of the said Order of acquittal, and the Applicant has not received any communication, either from the Complainant / Prosecution, or from the Appellate Court, in respect to the challenge to the said Order of acquittal. 3. Therefore, the Accused, in this backdrop, most respectfully, seeking for the

APP FOR DISCHARGE OF SURETY U.S.444

BEFORE THE METROPOLITAN MAGISTRATES COURT AT ………. C.R. No. / 20__ ABC Applicant Versus The State of Maharashtra (through XYZ Police station) Respondent APPLICATION FOR DISCHARGE OF SURETY U/S 444 OF CrPC, 1973 MAY IT PLEASE YOUR HONOUR The Applicant beg to state as under – 1. That the Applicant is the Surety for ………., the accused in the above case. 2. That the Applicant, for the past 2 months, requesting the said accused to arrange for fresh surety in place of the present Applicant, for, the Applicant has lost control over the movement of the said accused. 3. That the Applicant would not be able to cause the presence of said accused on the coming dates of hearing because of Accused’s such behaviour. 4. That t

APP FOR CASH BAIL

Any person who is arrested must be produced before the nearest Judicial Magistrates court within 24 hours of his arrest (Section 57 of CrPC, 1973). When the arrested person is produced before the Judicial Magistrates, the arrested person or his relative / friend may present a simple Bail Application, before concerned Magistrates Court and inform the Magistrate, among other things, that the said arrest is patently illegal, for being effected without following the due process of law and in wilful disregard / defiance of guidelines framed by SC in the case of Joginder Kumar versus State of U.P., 1994, and may pray for immediate release, on Bail on furnishing of Surety or execution of Personal Release Bond; and where court insists for surety, then, some reasonable time may be sought for furnishing of surety and release may be sought on depositing of reasonable amount of cash in lieu of furnishing surety thereof. Where the Court grants the Bail, but insists for surety, then, some reaso

APP BEF SESSIONS COURT / HIGH COURT TO REDUCE BAIL OR BOND AMOUNT

Whereas the Magistrates Court grant Bail to the Applicant accused, but call upon them to furnish Bail of a higher amount. The Bail is furnished, either by furnishing Surety person or if the Court so permit by depositing cash in the Court. In so far Bail by Surety is concerned, the Surety who would be furnishing such Bail for higher amount, in some of the States, requires a “Solvent Surety”, which is a certificate issued by the concerned office of the Collector of the district. This obtaining of certificate would take quite a long time, and thereby the very purpose of obtaining Bail is defeated. In so far Cash bail is concerned, the economic condition of the Applicant accused may be such that he cannot afford the Bail amount. In such cases, an Application u/s 439 / 440 may be moved by the relatives / friends of the arrested person before the competent Sessions Court / concerned High Court, asking for reduction of Bail amount. BEFORE THE HON’BLE SESSIONS COURT AT ___

APP BEF MAG SESSIONS TO INITIATE CONT PROC AG POLICE OFFIC FOR ILLEGAL ARREST

Application to the Magistrates Court / Sessions Court, for making Reference to the High Court to initiate Contempt proceedings against the concerned Police officer who has acted in willful disregard of Apex Court rulings, more particularly, rulings in D K Basu case, Joginder Kumar case / Arnesh Kumar case, etc. The Application may be taken in the form of a Misc. Application, duly verified by the Applicant. No particular form appears to have been prescribed for this Application. (S.10 of Contempt of Courts Act, 1971) A broad approach to drafting of any case may be undertaken in three chronological “Heads” – 1. Reliefs prayed for / claimed; 2. Grounds for Reliefs prayed for / claimed; (both factual and legal); 3. Narration of facts substantiating the said grounds. 4. Further, there may be narration of such facts in the beginning of the draft, which would lay foundation for “material facts of the case”. 5. Grounds for