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 _______
OR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
MISC. APPLICATION NO. OF 20____
IN
(C.R. No._____ of 2012)
ABC Applicant
Versus
The State of Maharashtra Respondents
(Through XYZ Police
station)
APPLICATION
TO REDUCE BAIL / BOND AMOUNT U/S 439 / 440 OF CrPC, 1973
MAY IT PLEASE YOUR HONOUR
The accused hereinbefore
to state as under –
1. That the Ld. Magistrates Court / Ld. Sessions Judge,
vide their Order dated ______were pleased to grant Bail to the accused
hereinbefore, and directed the accused to furnish Bail amount of Rs. _____with
two sureties.
2. That the Bail amount is very high and the accused is
unable to furnish the same due to his poor financial conditions /
__________________
3. In view of the above, the Hon’ble Court is most humbly
prayed that in the interest of justice, to reduce the Bail amount to Rs._____ with one surety and oblige.
FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY
BOUND SHALL EVER PRAY FOR
Dated this _____ Day of _______, 20____
XYZ
Advocate for the
Applicant
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