Bail Pending Appeal under Section 389 CrPC (India) by OLL
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BAIL PENDING APPEAL UNDER SECTION 389, CRPC
In the Court of the Sessions Judge at…….,
Case No. ... of...... under s. 379, IPC
The State of…………………………………………………………………………………..
Versus
Accused …………………................. Son of ……………………….…………..,
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 three months Rigorous Imprisonment.
2. That petitioner has to date appealed before Your Honour against the said order of conviction/sentence.
3. That the cycle allegedly stolen by petitioner was purchased by him at court auction on ………………………. forRs. ……………….…………and fact was proved by at lest ………. witnesses.
4. That petitioner was a bona fide purchaser of the cycle for value and had no knowledge/suspicion that cycle 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 AB on this………………….. at ……………………………….
Before me Notary/Magistrate
Deponent
This document is a formal application for bail submitted by a person who has already been convicted of a crime and is currently appealing that decision. It outlines the grounds for release, such as being a bona fide purchaser and the risk of losing one's livelihood, while the appeal process is pending.
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About this template
What is this template?
This is a formal court petition for the suspension of a criminal sentence and grant of bail pending an appeal. It contains a verification clause and specific grounds for release, such as the petitioner being a bona fide purchaser and the lack of absconding risk. It is not an initial bail application for an accused person awaiting trial.
When should you use it?
Use this document when a person has already been convicted by a Magistrate—specifically for short sentences like the three months mentioned here—and an appeal has been filed. Use a standard Bail Application under Section 437 or 439 CrPC instead if the trial is still ongoing.
Who it's for
- a person convicted under the Indian Penal Code seeking release while an appeal is pending
- a shopkeeper or individual who faces loss of livelihood if imprisoned during the appeal process
- a defendant claiming bona fide purchase of property as a defense against a theft conviction
How long it runs and how it's signed
Law it's drafted under
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