Mona Doshi (----------------------) 29 June 2012

Whether revision or appln u/s. 440???

i had filed an application for bail u/s. 439 of crpc for offences u/s 8(c) r/w 21 & 29 of NDPS act and was granted bail on the condition that accused shld furnish cash security of Rs. 75,000 /- and surety in sum of Rs. 1.5 lakhs. thereafter i filed an application for reduction of bail amount before the same court which was rejected on the ground that the applicants are from other states. Now I want to approach the Hon'ble High Court for reduction. So, under which provisions shld I file this application and what are the chances ???

Thanx

Reply Follow

5 Replies

shivendra sachan (advocate) 29 June 2012

apply u/s.482 cr.p.c. in h.c., H.c. may convert it as revision if it thinks.

shivendra sachan (advocate) 29 June 2012

apply u/s.482 cr.p.c. in h.c., H.c. may convert it as revision if it thinks.

(Guest)

Dear Mona,

Prefer an application u/s 497 & 498 of Cr P C praying for relaxation in the terms and conditions stipulated for grant of bail. There are judgments delievered by Apex court on this issue. Only thing is that there is an amendment in regard to deposit of cash-security in addition to furnishing surety to ensure the presence of the accused at the time of trial. If you are able to establish before the court the reasons for relaxation in the terms and conditions, High Court may have a lenient view and relax the terms and conditions.

There is amendment to section 497, 498 Cr P C

Refer to judgment delivered by Karnataka High Court
in the case of
M. Hanumantha Reddy vs Government Of Mysore on 7 April, 1952
Equivalent citations: AIR 1953 Kant 132, AIR 1953 Mys 132
Author: Balakrishnaiya
Bench: Balakrishnaiya

1 Like

(Guest)

Dear Mona,

Prefer an application u/s 440, 497 & 498 of Cr P C praying for relaxation in the terms and conditions stipulated for grant of bail. There are judgments delievered by Apex court on this issue. Only thing is that there is an amendment in regard to deposit of cash-security in addition to furnishing surety to ensure the presence of the accused at the time of trial. If you are able to establish before the court the reasons for relaxation in the terms and conditions, High Court may have a lenient view and relax the terms and conditions.

There is amendment to section 497, 498 Cr P C

1 Like

Mona Doshi (----------------------) 30 June 2012

Thanks both of you Sir.