Bail Before the High Court under Section 439 CrPC (India)
This document is a template for a bail petition filed before a High Court or Sessions Court in India under Section 439 of the Code of Criminal Procedure. It is used by an accused individual who has been convicted of an offense (specifically theft under Section 379 IPC in this example) to request release on bail while their appeal is pending.
BAIL BEFORE HIGH COURT UNDER SECTION 439, CRPC
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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