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APP BEF SESSIONS COURT / HIGH COURT TO REDUCE BAIL OR BOND AMOUNT

Whereas the Magistrates Court grant Bail to the Applicant accused, but call upon them to furnish Bail of a higher amount. The Bail is furnished, either by furnishing Surety person or if the Court so permit by depositing cash in the Court.

In so far Bail by Surety is concerned, the Surety who would be furnishing such Bail for higher amount, in some of the States, requires a “Solvent Surety”, which is a certificate issued by the concerned office of the Collector of the district. This obtaining of certificate would take quite a long time, and thereby the very purpose of obtaining Bail is defeated. In so far Cash bail is concerned, the economic condition of the Applicant accused may be such that he cannot afford the Bail amount.

In such cases, an Application u/s 439 / 440 may be moved by the relatives / friends of the arrested person before the competent Sessions Court / concerned High Court, asking for reduction of Bail amount.



BEFORE THE HON’BLE SESSIONS COURT
AT _______
OR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

MISC. APPLICATION NO.           OF 20____

IN
(C.R. No._____ of 2012)

ABC                                                                            Applicant

Versus

The State of Maharashtra                                        Respondents
(Through XYZ Police station)


APPLICATION TO REDUCE BAIL / BOND AMOUNT U/S 439 / 440 OF CrPC, 1973



MAY IT PLEASE YOUR HONOUR

The accused hereinbefore to state as under –

1.      That the Ld. Magistrates Court / Ld. Sessions Judge, vide their Order dated ______were pleased to grant Bail to the accused hereinbefore, and directed the accused to furnish Bail amount of Rs. _____with two sureties.

2.      That the Bail amount is very high and the accused is unable to furnish the same due to his poor financial conditions / __________________

3.      In view of the above, the Hon’ble Court is most humbly prayed that in the interest of justice, to reduce the Bail amount to Rs._____             with one surety and oblige.

FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FOR

Dated this _____ Day of _______, 20____
XYZ
Advocate for the
Applicant



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