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COMMONWEALTH HUMAN RIGHTS INITIATIVEB-117, Sarvodaya Enclave, New Delhi - 110017, India.Tel.: +91-(0)11-26850523,
Fax: +91-(0)11-26864688www.humanrightsinitiative.org
RIGHT TO BE
RELEASED ON BAILUNDER SECTIONS436/436A Cr.P.C. ARE YOU AN UNDER-TRIAL?ARE YOU IN PRISON?^ KNOW YOUR RIGHTS
About CHRI The^ Commonwealth Human Rights Initiative (CHRI)
is^ an
international,
independent
non-
profit^
organisation
headquartered
in^ India.
Its
objectives are to promote the practical realisationof^ human
rights
in^
the^ Commonwealth.
In
addition
to^
a^ broad
human
rights
advocacy
programme,
CHRI
advocates
access
to
information and access to justice. Prison Reforms Programme As part of its access to justice programme, theprison reforms programme focuses on increasingtransparency of a traditionally closed system andexposing malpractice. A major area is focused onhighlighting
failures
of^ the
legal
system
that
result
in^
terrible
overcrowding
and
unconscionably
long
pre-trial
detention
and
prison overstays, and engaging in interventionsto^ ease
this.
Another
area
of^ concentration
is
aimed at reviewing the prison oversight systemsthat^
have^
completely
failed.
We^
believe
that
attention to these areas will bring improvementsto the administration of prisons as well as have aknock on effect on the administration for justiceoverall. Prepared by Madhurima, Prison Reforms Programme, CHRI.
In the court of ……………Criminal Case No. ……….of…...(year)State v ………(name of the accused)Crime No………….. Offence u/s ……….Police Station ………. An application u/s 436 Cr.P.C for release on personal bondThe applicant humbly submits as under:1.^ That
he^ was
arrested
by^ the
police
on^ ………
for^ the
alleged offence.2. That the said offence is bailable.3. That a bail application has moved before this Hon'blecourt on……….and the applicant was directed to producesurety of………..4. That he is a poor person and cannot furnish the suretyamount.5. That^ as
per^ the
provisions
of^ section
436 Cr.P.C.,
a
person who “is unable to give bail within a week of thedate^ of
his^ arrest”
must^
be^ presumed
indigent
and
released “on his executing a bond without sureties forhis appearance.”
PRAYER
In view of the foregoing it is most respectfully prayed thatthis^ Hon’ble
Court
may^
kindly^
release
the^ applicant
on
personal bond on such terms and conditions as this Hon’bleCourt may deem fit and proper in the interest of justice.Place:^
Applicant
Date:^
Through Advocate/ Superintendent ………prison
Sample bail application under
section 436 Cr.P.C.
Contact your lawyerimmediately, if you have beenunnecessarily detained in prison.
-^ Been detained in prison during the period ofinvestigation, inquiry or trial of your case, or •^ Not been granted bail and are still in jail, or •^ Been granted bail but are unable to providesurety/bail bonds. •^ Accused for a bailable offence, •^ Given bail but are unable to furnish surety,and •^ In custody for 7 days from the date of yourarrest. Example:
You are accused of causing hurt u/s 323 I.P.C., were arrested on 1 April 2009 andhave been unable to furnish bail. You
must
be
released on bail/personal bond without suretiesby 8 April 2009. •^ Not^
been^
accused
of^ an
offence
attracting
death punishment, and • Served the maximum period of imprisonmentprescribed for the offence for which you areaccused. Example:
You are accused of committing theft u/s 379 IPC and have been in prison for 3 yearsor more. It is your
right
to be released on bail/
personal bond u/s 436A Cr.P.C.
-^ By^
contacting
your
lawyer
to^
file^ a
fresh
application for bail, or • If you cannot afford a lawyer then apply forfree^
legal^
aid^ to
the^
District
Legal
Services
Authority or State Legal Services Authority, or • By^ contacting
the^
Superintendent
of^ Jail
or
write^
a^ letter
to^
the^
Inspector
General
(Prisons).
In the court of ……………Criminal Case No. ……….of…...(year)State v ………(name of the accused)Crime No………….. Offence u/s ……….Police Station ………. An^ application
u/s^ 436A
Cr.P.C
for^ grant
of^ bail
upon
completion of half term/maximum term of imprisonment.The applicant humbly submits as under:1.^ That
he^ was
arrested
by^ the
police
on^ ………
for^ the
alleged offence.2. That^ the
maximum
prescribed
punishment
for^
the
offence alleged to have committed is ………years.3. That he has spent……..years in prison as an under-trial.This period is one half/maximum period of punishmentprescribed for that offence.4. That^ as
per^ the
provisions
of^ section
436A^
Cr.P.C.
he
should
be^ considered
for^ release/must
be^ released
on
bail with or without sureties/personal bond.
PRAYER
In view of the foregoing it is most respectfully prayed thatthis Hon’ble Court may kindly release the applicant on bail/bond^ on
such^
terms^
and^ conditions
as^ this
Hon’ble
Court
may deem fit and proper in the interest of justice.Place:^
Applicant
Date:^
Through Advocate/Superintendent…….prison
You have a
right
to be released
on bail/personal bond(a) under section
436 Cr.P.C.
, if you
have been:-
Sample bail application under
section 436A Cr.P.C.
You are an under-trial prisoner ifyou have:-
The^
concerned
court
may,
after
hearing
the
public prosecutor:- •^ Order
release
on^
personal
bond
with
or^ without
sureties, or • Release
the^
person
on^
bail,^
after^
recording
the
reasons, or • Order
continued
detention,
after
recording
the
reasons in writing. Note:^
In^ no
case
can
a^ person
be
detained
beyond
the^
maximum
period
of^ imprisonment
-^ Not^ prescribed for the offence.
been^
accused
of^ an
offence
punishable
with
death sentence, and • Served
one
half
of^
the^
maximum
period
of
imprisonment prescribed for the offence for whichyou are accused. Example:
You are accused of committing dacoity u/s 395 I.P.C. and have been in prison for 10 or moreyears.
You^
are^ eligible
to^ apply
for^
bail^ u/s
436A
Cr.P.C. Note:
Where the maximum prescribed punishment is You can be life imprisonment, the half period shall be 10 years inaccordance with section 57 I.P.C.
considered
for release
under section 436A Cr.P.C., if youhave:-
(b) under section
436A Cr.P.C.,
if you
have:-
You can apply for bail undersections 436/436A:-
♦^ Bailable
Offence:
An offence shown as bailable
under
the^
relevant
law^
or^ the
First
Schedule
of
Cr.P.C.
When
accused
of^ such
offence,
a^ person
has a right to be released on bail. ♦ Surety:
A promise to fulfill an undertaking; or a
promise to answer for the debt/default of another. ♦ Personal
Bond:
A formal written agreement by
which a person undertakes to perform/abstain fromdoing a certain act. Failure to do so, may attractmonetary penalty.
