Free Section 389(1) CrPC Bail Application Template PDF India

About this agreement

Application Under Section 389(1) CrPC Format – Bail Pending Appeal

Are you seeking immediate relief on bail while your criminal appeal is pending? Our Application Under Section 389(1) of Code of Criminal Procedure Format provides a ready-to-use, customizable legal template to help you file for suspension of sentence and release on bail in India. Download this professional Section 389 CrPC Bail Application Format in PDF or Word format today and take the first step towards securing your freedom during the appeal process.

What is an Application Under Section 389(1) CrPC?

Section 389(1) of the Code of Criminal Procedure (CrPC), 1973, empowers the Appellate Court to suspend the sentence and release the appellant on bail pending the disposal of their appeal. This Application Under Section 389(1) CrPC Format is a formal petition filed on behalf of the appellant (convict) who has already preferred an appeal against their conviction. It is crucial in criminal cases where the appellant has been sentenced to imprisonment and needs interim relief to avoid prolonged incarceration while their appeal is heard.

This legal document is widely used in High Courts and Sessions Courts across India for serious offenses, ensuring compliance with procedural laws. Whether you're dealing with cases under IPC, NDPS, or other statutes, this format streamlines your application process.

Why is Application Under Section 389(1) CrPC Important?

Filing a bail application under Section 389(1) CrPC is vital for appellants facing lengthy appeals. It prevents undue hardship by allowing release on bail or bond, subject to conditions like sureties. Key reasons include:

Interim Relief: Avoids serving full sentence if appeal succeeds.
Legal Right: Courts consider merits of appeal, appellant's conduct, and risk of absconding.
Time-Saving: Expedites hearings in overburdened Indian courts.
Customizable Template: Our Section 389(1) CrPC Format is drafted by legal experts and AI-optimized for accuracy, saving you time and lawyer fees.

Without a properly formatted application, your plea may be rejected on technical grounds, prolonging detention.

Key Elements of Section 389(1) CrPC Bail Application Format

A strong Application Under Section 389(1) CrPC Format includes these essential sections:

Court Details: Name and bench of the Appellate Court.
Appellant and Respondent Particulars: Full details of the convict and state/prosecution.
Case Reference: Original case number, FIR, judgment date, and appeal number.
Synopsis of Facts: Brief appeal grounds and conviction summary.
Grounds for Bail: Merits of appeal, low flight risk, family hardship, prolonged incarceration, etc.
Prayer Clause: Specific request for suspension of sentence and bail with conditions.
Verification and Affidavit: Signed declaration under oath.
Annexures: Certified copies of judgment, appeal memo, etc.

Our ready-to-use legal template ensures all elements align with Supreme Court guidelines and High Court precedents.

Who Should Use This Section 389 CrPC Bail Format?

This format is ideal for:

Convicts who have filed appeals in Sessions or High Courts.
Advocates representing appellants in criminal appeals (IPC, POCSO, NDPS cases).
Individuals in civil jails or undertrials post-conviction needing urgent bail.

Common use cases include appeals against life imprisonment, rigorous imprisonment, or fines where bail is discretionary.

Download Your Customizable Application Under Section 389(1) CrPC Format Now

Get instant access to our premium Section 389(1) CrPC Bail Application Sample in editable Word or PDF format. Fully customizable for your specific case details – just fill in the blanks! Available for a nominal fee, with options for AI-generated customizations or legal review.

Important Note

While this Application Under Section 389(1) CrPC Format is designed to meet court requirements in India, it is not a substitute for professional legal advice. Always consult a qualified lawyer to tailor it to your circumstances and ensure compliance with local rules. Explore related templates like Bail Application Under Section 389(2) CrPC, Suspension of Sentence Petition, or Appeal Memo Format for comprehensive appeal support.

Keywords: Section 389 CrPC bail application format, free download India, PDF Word template, ready to use bail petition, customizable CrPC 389 format, legal document for pending appeal bail.

APPLICATION UNDER SECTION 389(1) OF CODE OF CRIMINAL PROCEDURE, ON BEHALF OF APPELLANT, PENDING APPEAL RELEASE OF APPELLANT ON BAIL

APPLICATION UNDER SECTION 389(1) OF CODE OF CRIMINAL PROCEDURE, ON BEHALF OF APPELLANT: PENDING APPEAL RELEASE OF APPELLANT ON BAIL

IN THE HON?BLE HIGH COURT OF DELHI AT NEW DELHI

(Criminal Appellate Jurisdiction)

Crl. Misc. No....................................................... /2002

Crl. Appeal No..................................................... /2002

In the matter of:

Shri...............................

S/o...............................

R/o...............................

through his Parokar, Brother (if appeal is filed through relative/friend)

..................................................................... (Appellant)

versus

State of NCT of Delhi............................... Respondent

Application under Section 389(1) of Code of Criminal Procedure, on behalf of appellant: pending appeal release of appellant on bail.

***********

Most Respectfully Showeth: -

1. That the appellant was charged with the offence u/s 392/397/34 IPC and faced trial before the Session Court of Sh......................... ASJ, Delhi.

2. That the appellant has been convicted under the above Sections by the Ld. Sessions court and was pleased to pass sentence in the following manner: -

"To undergo RI seven years"

vide order dated 24-12-2001.

3. That the case looks fabricated for three persons would not attack a person Known to them just for 50 Rupees, unless victim is carrying heavy amount.

4. That an appeal has been filed against the order which is pending adjudication for this Hon?ble court and wish to success in gaining release pending appeal since involvement was caused through the method of 3rd degree.

5. That appellant had never been released on bail during the whole trial and

had been inside judicial custody since arrest on 7/8th Sept. 2000, hence this application for release, pending final disposal of appeal, on bail and suspension of sentence.

6. That appellant is prepared to furnish reliable sureties to the satisfaction of Hon?ble court and ready to accept conditions, if any.

PRAYER

It is most humbly prayed that this Hon?ble court may graciously be pleased in granting a release on bail or enlargement on bail with the suspension of sentence pending final disposal of the appeal and any other relief as this Hon?ble court deem fit and proper.

For the act of kindness the Humble appellant/petitioner shall ever remain thankful to this Hon?ble Court.

It is prayed accordingly.

Appellant/Applicant

( )

New Delhi

Dated:...............Through:

(Advocate)

IN THE HON?BLE HIGH COURT OF DELHI AT NEW DELHI

(Criminal Appellate Jurisdiction)

Crl. Misc. No...................................................... 72002

Crl. Appeal No..................................................... /2002

AFFIDAVIT

I,................................... son of Shri................................... resident of ..................................... do hereby solemnly affirm and declare as under: -

1. That I am the brother and parokar of the appellant in the said case and fully conversant with the matter, hence competent to swear this affidavit.

2. That accompanying bail application has been drafted on my instructions and the contents of which have been read over and explained to me in vernacular which I admits as true and correct.

3. That the contents of the said application kindly be read as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.

4. That the contents of the said application are true and correct to best of my knowledge and as per information received believed to be true.

Deponent

VERIFICATION

Verified at New Delhi on this...................... day of..................... that the contents of above affidavit from paras 1 to 4 are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

Deponent

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

An "Application under Section 389(1) of the Code of Criminal Procedure (Cr.P.C.) on Behalf of the Appellant, Pending Appeal, for Release on Bail" is used to request the release of an appellant on bail while their appeal is pending before a higher court, following a conviction or sentencing by a lower court. Here's a brief guideline for drafting such an application and

Common Mistakes to Avoid:

Heading: Begin with the court's name, case details, and parties' names, indicating it's on behalf of the appellant.

Introduction: Clearly state the purpose of the application, which is to seek the appellant's release on bail during the pendency of their appeal.

Grounds for Relief: Present strong legal and factual reasons why bail is warranted, such as doubts about the conviction, health concerns, or family responsibilities.

Legal Provisions: Reference Section 389(1) of the Cr.P.C. and any relevant case law that supports the application for bail.

Prayer for Relief: Request the court to grant bail to the appellant, specifying any conditions, sureties, or restrictions if deemed necessary.

Common Mistakes to Avoid:

Inadequate Grounds: Ensure the grounds for seeking bail are substantial, legally sound, and in line with the requirements of Section 389(1).

Procedural Errors: Follow the specific court rules and procedures for filing bail applications in appellate courts.

Lack of Clarity: Use clear and concise language to prevent misinterpretation or confusion in your application.

Failure to Serve Notice: Notify the prosecution or other concerned parties about the bail application, as required.

Balancing Interests: Consider the interests of justice while seeking bail, including any potential risks to public safety or witness tampering.

A well-drafted Application under Section 389(1) Cr.P.C. is crucial for appellants seeking temporary release during the appeal process. Avoiding common mistakes ensures the application's legal validity and the potential grant of bail while maintaining due process. Legal consultation is often advisable to prepare such applications effectively.

Frequently asked questions

What is an Application under Section 389(1) of CrPC on behalf of appellant for release on bail pending appeal?→

This legal document is filed by the appellant or their counsel under Section 389(1) CrPC to seek suspension of sentence and release on bail while the criminal appeal is pending in Indian High Courts or Supreme Court.

Is this bail application template legally valid in India?→

Yes, this application complies with Section 389(1) of the Code of Criminal Procedure, 1973, and is valid for use in Indian courts for bail pending appeal.

Do I need to pay stamp duty or court fees for this Section 389 CrPC application?→

Court fees as prescribed by the relevant court rules must be affixed; stamp duty is typically not required for such judicial applications in India.

In what format can I download this application under Section 389(1) CrPC?→

Download this customizable legal agreement in editable Word or PDF format for convenient use in Indian legal proceedings.

Can I customize or edit this bail application pending appeal?→

Yes, this template is fully editable; modify case details, court information, and grounds to fit your specific appeal requirements in India.

Who should use this application for release on bail pending appeal and when?→

Appellants convicted in criminal cases should use this after filing an appeal to apply for interim bail during the pendency of appeal in India.

APPLICATION UNDER SECTION 389(1) OF CODE OF CRIMINAL PROCEDURE, ON BEHALF OF APPELLANT, PENDING APPEAL RELEASE OF APPELLANT ON BAIL

APPLICATION UNDER SECTION 389(1) OF CODE OF CRIMINAL PROCEDURE, ON BEHALF OF APPELLANT: PENDING APPEAL RELEASE OF APPELLANT ON BAIL

IN THE HON?BLE HIGH COURT OF DELHI AT NEW DELHI

(Criminal Appellate Jurisdiction)

Crl. Misc. No....................................................... /2002

Crl. Appeal No..................................................... /2002

In the matter of:

Shri...............................

S/o...............................

R/o...............................

through his Parokar, Brother (if appeal is filed through relative/friend)

..................................................................... (Appellant)

versus

State of NCT of Delhi............................... Respondent

Application under Section 389(1) of Code of Criminal Procedure, on behalf of appellant: pending appeal release of appellant on bail.

***********

Most Respectfully Showeth: -

1. That the appellant was charged with the offence u/s 392/397/34 IPC and faced trial before the Session Court of Sh......................... ASJ, Delhi.

2. That the appellant has been convicted under the above Sections by the Ld. Sessions court and was pleased to pass sentence in the following manner: -

"To undergo RI seven years"

vide order dated 24-12-2001.

3. That the case looks fabricated for three persons would not attack a person Known to them just for 50 Rupees, unless victim is carrying heavy amount.

5. That appellant had never been released on bail during the whole trial and

had been inside judicial custody since arrest on 7/8th Sept. 2000, hence this application for release, pending final disposal of appeal, on bail and suspension of sentence.

6. That appellant is prepared to furnish reliable sureties to the satisfaction of Hon?ble court and ready to accept conditions, if any.

PRAYER

For the act of kindness the Humble appellant/petitioner shall ever remain thankful to this Hon?ble Court.

It is prayed accordingly.

Appellant/Applicant

( )

New Delhi

Dated:...............Through:

(Advocate)

IN THE HON?BLE HIGH COURT OF DELHI AT NEW DELHI

(Criminal Appellate Jurisdiction)

Crl. Misc. No...................................................... 72002

Crl. Appeal No..................................................... /2002

AFFIDAVIT

I,................................... son of Shri................................... resident of ..................................... do hereby solemnly affirm and declare as under: -

1. That I am the brother and parokar of the appellant in the said case and fully conversant with the matter, hence competent to swear this affidavit.

2. That accompanying bail application has been drafted on my instructions and the contents of which have been read over and explained to me in vernacular which I admits as true and correct.

3. That the contents of the said application kindly be read as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.

4. That the contents of the said application are true and correct to best of my knowledge and as per information received believed to be true.

Deponent

VERIFICATION

Deponent

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99