In the Court of the Sessions Judge at……., Case No. ... of...... under s. 379, IPC The State of ……………….…..
Versus
Accused..................................................S/o…………………………………..
In the matter of petition for bail of the accused-petitioner waiting hearing of
the appeal.
The humble petition of the accused in the above case
Respectfullyshoweth:
1. That petitioner was convicted by the Sub-Divisional Judicial Magistrate of
…..under s. 379, IPC on …………………………………..………. and
sentenced for ………………………….… months Rigorous Imprisonment.
2. That petitioner has to date appealed before Your Honour against the
said order of conviction/sentence.
3. That the …………………………....allegedly stolen by petitioner was
purchased by him at court auction on ……………………………for Rs.
………………..………. and fact was proved by at lest
…………………………. witnesses.
4. That petitioner was a bona fide purchaser of the
……………………………………………for value and had no
knowledge/suspicion that
…………………………………………………………..was a stolen property.
5. That petitioner being small shopkeeper and he has a stall
at…………………………............. and there is no apprehension of your
petitioner absconding waiting the hearing of the appeal.
6. Your petitioner states that bail be granted to your petitioner pending
disposal of the appeal bear in petitioner will success.
7. Unless bail is allowed your petitioner will lose all the regular customers
with source of livelihood.
Your Petitioner prays that Your Honour may be pleased to allow temporary
bail to your petitioner waiting the hearing of the appeal.
And your petitioner, as in duty bound, shall ever pray.
Verification
I, ……………………………………………………………………, son
of……………………………………………………..……, by occupation
business, residing at
................................................................................................................ do
hereby solemnly affirm and say as follows:-
1. I am the accused petitioner above-named and I know the facts and
circumstances of this case.
2. The statements in paragraphs 1 to 7 hereinabove petition are true to my
knowledge and belief.
3. I sign and verify this
……………………………………….at……………………………………………
Solemnly affirmed by the said ……………………..…. on this
…………………………. at ……………………..………..
Before me Notary/Magistrate
Deponent

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This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Criminal Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our criminal defence team handles bail, trial and pre-trial applications in Kolkata courts.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Bail Before High Court under Section 439, CRPC

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