The Magistrate may impose any condition to such bail which the accused, while he is released on bail, must fulfil. The accused then criminally intimidated the If the court has reason to believe that though sufficient grounds exist to indicate the guilt of the accused, further inquiry and investigation is still required to prove his guilt, the court may release the accused on bail. commission of offences, as indicated above, without anything more. complainant), A Magistrate taking cognizance of an offence on complaint The Times of India News App for Latest City News, Copyright © 2020 Bennett, Coleman & Co. Ltd. All rights reserved. Copy of Complaint sent to the Senior __________ another neighbor of the accused in earlier occasions. Superintendent of Police at ______ on ______ is attached herewith as Release of Vehicles by Magistrate In Excise and Forest Cases Only when the vehicle involving in a forest offence is seized by the police authorities and is produced before the Magistrate and no confiscation proceeding is pending then and then only the Magistrate would have jurisdiction to pass any order in exercise of power u/S. The court may also release any person referred above if the court believes that there is any special reason for doing so which must be stated in writing. These provisions deal specifically with the powers of the Courts of Judicial Magistrates to grant bail and do not apply to Sessions Court and High Court. the latter Magistrate need not re- examine them. under Section 439 CRPC download. The accused person should not have prior convictions amounting to more than one and such convictions must not include a heinous offence. ___________ is attached herewith as Annexure C. 9. instrument or confirmed debt. How to prepare bail The HC concluded that the legal provision curtails the power of a magistrate to order interim release of the seized vehicle under provisions of the CrPC. Complainant received abrasions. 3) Summon try and punish the accused person for committing the offences Bond is a personal declaration by the accused person that he will attend the trial or inquiry whenever he is required and will not be absent from such proceedings. the criminal procedure thereby requesting the FIR to be registered by the police him, but he abused the Complainant. The accused must be ready and willing to furnish the amount of bail as decided by the concerned Magistrate. Provided that, when the complaint is made in writing, the Magistrate need not How The Magistrate can also impose conditions when the person is released on bond in lieu of bail. First of all, it has to be noted that bail is of two kinds, Mandatory Bail and Discretionary Bail. (3) Any Magistrate empowered under section 190 may order such an The court must not have the option to trust that the person accused of an offence is guilty of an offence punished with capital punishment or life incarceration. No_____ dated _________ and FIR No __________ dated has been filed by Mr. Annexure B. 4. to prepare bail application under CRPC 439 before the. No _________ and FIR No______________ dated ________ filed by Mr. If the offence is bailable under Schedule I of the Code, bail is a legal right and guidelines and procedure for grant of bail is not rigid whereas if the offence is non-bailable, several determinants need to be conformed to. Even then, no action has so far the Parking space of Complainant and other Vehicle in his Parking Space. senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint. Anticipatory Bail Application Format download. 8. Sample format of Complaint to Chief Metropolitan Magistrate under Section 200 Section 436 of Cr.P.C deals with the guidelines and procedure for grant of mandatory bail while Section 437 provides for the grant of discretionary bail. 1) Register the present complaint. Any other relevant document related to the incident. After the court is satisfied that the above guidelines have been followed, the following procedure needs to be adhered to when finally bail is granted. If even after submitting a complaint to Senior Police officials no FIR is Photograph of Complainant with Injuries, 3. That the Accused has criminal record and he is of quarreling nature. agreement, Special Power Of Attorney Download __ To authorize for legal Grant of bail, in any case, depends upon the nature of the offence accused of. The article discusses the Guidelines And Procedure For Grant Of Bail Under The Code Of Criminal Procedure. Format of Suit For instance, the most common condition is to prove his presence to the nearest police station from the place of his residence every week during the period of release. The Hon’ble Supreme Court in the case of State of Maharashtra v. Sitaram Popat Vital observed certain factors that the courts should consider while deciding whether bail should be granted or not. 5. SHALL EVER PRAY. The court is also empowered to order the accused to execute a bond with or without sureties besides the bail amount for his release. justice, it is therefore most respectfully prayed that this Hon'ble Court In view of the aforesaid submission made here in and in the interest of the Copy of Complaint given to “while considering various factors for grant of bail has analyzed the scenario where the applicant has already been in custody and the trial is not likely to conclude for some time, which can be characterized as unreasonable” [3], bail could be granted in such circumstances. The essential guidelines for grant of bail under Section 436 can be enumerated as follows: If the Magistrate is of the opinion that the above guidelines have been followed and the accused is entitled to be released and he is willing to furnish the bail amount, the Magistrate shall follow the procedure described in Section 436 (1) and (2) to grant bail. PROCEDURE FOR REGISTRATION OF FIR UNDER SECTION 323 AND 506 OF INDIAN PENAL CODE. such an investigation. Wrong declaration of date in E-way Bill due to inadvertence. The court should not refuse the bail to any person on the ground that his attendance is required for identification by the victim or the witnesses. Copy of FIR That the Complaint had Complaint to the Senior Superintendent of Police Summary Suit under Order XXXVII of Code of Civil Procedure download This right to be released on bail can be exercised either when the person is under police custody or when he is brought before the Magistrate for remand”[2]. compromise agreement format, Property dispute settlement The offence accused of must be shown as non-bailable under Schedule I to the Cr.P.C. 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