Bail Pending Appeal under Section 389 CrPC (India)
Updated 24 July 2026
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.
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
About this template
What is this template?
Bail Pending Appeal under Section 389 CrPC (India) is a free, ready-to-use Crime template you can open, customize, and download on GitLaw. It gives you a professionally structured starting point, so you never have to draft from a blank page. The wording is plain and modern, organized into clear sections that are easy to read, edit, and adapt to your own situation before you share or sign it.
When should you use it?
Reach for this Crime template whenever you need a reliable agreement quickly and want to be sure the essentials are covered. It suits individuals, freelancers, startups, and established businesses alike. Instead of paying for a document drafted from scratch, you can start here, tailor the details to your arrangement, and have a polished draft ready in minutes. This version is drafted with India in mind, though you should always review the final wording against the laws that apply to you.
What's typically included?
A well-drafted Crime usually sets out the parties involved, the scope of the agreement, and each side's rights and responsibilities. Expect sections covering key terms and definitions, how long the agreement lasts, how it can be ended, and what happens if something goes wrong. This template brings those building blocks together in a sensible order, so you can focus on the specifics rather than worrying about what to include. Open it to read the full document, then sign up to edit, negotiate, and e-sign it directly in GitLaw.