Templates
Bail and anticipatory bail

Application under Sections 439 and 482 CrPC for extension of interim bail for twelve weeks

Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.

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IN THE MATTER OF:

Applicant's name…APPLICANT/APPELLANT

VERSUS

Respondent's name…RESPONDENT

INDEX

S. No.PARTICULARPAGE NO.
1.Urgent Application.
2.Application filed on behalf of the applicant under Section 439, read with Section 482, of the Code of Criminal Procedure, 1973, seeking extension of interim bail for a period of twelve weeks in the case arising out of FIR No. FIR number/Year of FIR, P.S. Police station, under Sections 354/376/506/195A IPC, along with affidavit.
3.ANNEXURE-P – Order dated Date of earlier interim bail order of this Hon'ble Court.
4.ANNEXURE-P-1 (COLLY.) – Medical reports of Name of hospital Hospital.
5.Vakalatnama.

Applicant/Appellant

Delhi.Through
DateCounsel

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

(CRIMINAL APPELLATE JURISDICTION)

CRIMINAL MISC. BAIL NO. Criminal Misc. Bail number OF Year of Criminal Misc. Bail number

CRIMINAL APPEAL NO. Criminal appeal number OF Year of Criminal appeal number

IN THE MATTER OF:

Applicant's name…APPLICANT/APPELLANT

VERSUS

Respondent's name…RESPONDENT

To,

The Hon'ble Joint Registrar,

Hon'ble High Court of Delhi,

New Delhi.

Sir,

The applicant/appellant most respectfully submits that the present application may kindly be treated as an urgent one in accordance with the Rules of the Hon'ble High Court of Delhi. The applicant/appellant has recently undergone hip replacement surgery on Date of hip replacement surgery, and this Hon'ble Court, vide order dated Date of order extending interim bail, was pleased to extend his interim bail till Date interim bail expires. The applicant/appellant now seeks a further period of twelve weeks after the hip replacement surgery, as his medical condition is not normal and he is unable to move about properly. The ground of urgency is accordingly set out in the application, wherein urgent hearing has been sought.

Applicant/Appellant

Delhi.Through
DateCounsel

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

(CRIMINAL APPELLATE JURISDICTION)

CRIMINAL MISC. BAIL NO. Criminal Misc. Bail number OF Year of Criminal Misc. Bail number

CRIMINAL APPEAL NO. Criminal appeal number OF Year of Criminal appeal number

IN THE MATTER OF:

Applicant's name…APPLICANT/APPELLANT

VERSUS

Respondent's name…RESPONDENT

FIR No. FIR number/Year of FIR

P.S. Police station

Under Sections 354/376/506/195A IPC.

APPLICATION ON BEHALF OF THE APPLICANT UNDER SECTION 439, READ WITH SECTION 482, OF THE CODE OF CRIMINAL PROCEDURE, 1973, FOR EXTENSION OF INTERIM BAIL FOR A PERIOD OF TWELVE WEEKS IN THE CASE ARISING OUT OF FIR NO. FIR number/Year of FIR, P.S. Police station, UNDER SECTIONS 354/376/506/195A OF THE INDIAN PENAL CODE, IN SESSIONS CASE BEARING NO. Sessions case number/Year of sessions case (Sessions case branch or diary number/Year of sessions case), DECIDED BY SH. Name of Additional Sessions Judge, LD. ASJ, WEST DISTRICT, TIS HAZARI COURTS, NEW DELHI

MOST RESPECTFULLY SHOWETH:

1.That the applicant/appellant has preferred the aforementioned appeal against the Order on Sentence dated Date of sentence order and the Order of Conviction dated Date of conviction order passed by the Ld. Trial Court of Shri Name of trial court judge, ASJ (SFTC)-01, West, Trial court complex, whereby the Ld. Court held the petitioner guilty and convicted him under Sections 354/376 IPC, acquitted him under Sections 506/508 IPC, and thereafter sentenced him to rigorous imprisonment.
2.That the applicant/appellant, by virtue of the present application, seeks an extension of interim bail for a period of twelve weeks. The applicant/appellant fairly states before this Hon'ble Court that, vide order dated Date of order granting interim bail, this Hon'ble Court was pleased to grant interim bail to the applicant/appellant for the purpose of his hip replacement surgery, which was performed on Date of hip replacement surgery. This Hon'ble Court was further pleased to direct the Investigating Officer to verify the fact of the hip replacement surgery of the applicant dated Date of hip replacement surgery, and to submit a report at least one week before the next date of hearing, and the matter was fixed for Date of next hearing.
3.That, for the sake of brevity, the contents of the Criminal Appeal are not repeated herein, as the applicant, through the present application, is only pressing for the extension of interim bail for a period of twelve weeks, the surgery of the applicant/appellant having been undertaken after completion of all the necessary tests to which the appellant was subjected.
4.That the applicant/appellant states that he is presently under the observation of Dr. Name of treating doctor of Name of hospital Hospital. It is also pertinent to mention that the applicant was admitted to the hospital on Date of hospital admission and discharged on Date of hospital discharge after the hip replacement surgery. The applicant/appellant states that he visited the concerned doctor on Date of first follow-up visit and again on Date of second follow-up visit, as he was experiencing considerable difficulties following the surgery, was unable to move properly, and a further complication was diagnosed by the doctor, namely a possible clotting in the lungs, since the applicant was suffering from fever and cough two to three days after the surgery; the doctor accordingly advised certain tests and an X-ray. The reports, prescriptions and other medical records are appended to the present application.
5.That it is most humbly submitted that, on account of the after-effects of the surgery undergone by the applicant/appellant, and as the matter is fixed for Date of next hearing, the applicant/appellant seeks extension of interim bail on the ground that his medical condition is critically poor and he is unable to stand properly, and the doctor has advised twelve weeks of complete rest and physiotherapy.
6.In view of the above, the interim bail of the applicant/appellant ought to be extended at least for a period of twelve weeks, in light of the submissions made hereinabove, and the applicant/appellant is placing on record all the medical records, which may also be duly verified.
7.That the applicant/appellant craves leave to add any other ground at a later stage, with the permission of this Hon'ble Court.
8.That the applicant/appellant has no other efficacious remedy except to approach this Hon'ble Court.
9.That the applicant/appellant has not approached any other court or tribunal except as detailed in the present petition.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:

A. pass an order for extension of interim bail for a period of twelve weeks in the case arising out of FIR No. FIR number/Year of FIR, under Sections 376/354/506/195A IPC, registered at P.S. Police station, New Delhi, in the interest of justice;

B. pass any other order in favour of the petitioner which this Hon'ble Court may deem fit and proper in the interest of justice.

Applicant/Appellant

Delhi.

DateCounsel

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL MISC. BAIL NO. Criminal Misc. Bail number OF 2022

CRIMINAL APPEAL NO. Criminal appeal number OF Year of Criminal appeal number

IN THE MATTER OF:

Applicant's name…APPLICANT/APPELLANT

VERSUS

Respondent's name…RESPONDENT

FIR No. FIR number/Year of FIR

P.S. Police station

Under Sections 354/376/506/195A IPC.

AFFIDAVIT

I, Deponent's name, Deponent's relationship to appellant of the appellant, W/o Appellant's name, aged 45 years, resident of Deponent's address, New Delhi, hereinafter referred to as the "Deponent", do hereby solemnly affirm and state as under:

1.That I am the Deponent's relationship to appellant of the appellant in the above-mentioned criminal appeal and am fully conversant with the facts deposed to in the present appeal.
2.That the contents of the accompanying interim application are true to my personal knowledge and to the record, that no material fact has been concealed, and that no part thereof is false; the contents of the said application may be read as part and parcel of the present affidavit, and, for the sake of brevity and to avoid repetition, the same are not repeated herein.

DEPONENT

VERIFICATION

I, Deponent's name, the abovenamed deponent, do hereby verify on oath that the contents of the affidavit above are true and correct to my personal knowledge, that no material fact has been concealed, and that nothing has been falsely stated therein. Verified at Place of verification on this Date of verification.

DEPONENT

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