Wednesday, January 11, 2012

Jail Visits- How to apply for a bail - Bail Application Format



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Many law colleges arrange Jail Visits for students, where students can interact with inmates and prepare various types of bail applications for them.
If a college is arranging for a jail visit in India, the students are allowed to prepare four Types of Bail Applications:
  1. Cash bail: When a bail has been set and the inmate is ready to pay the amount
  2. Cash reduction: When the bail amount cannot be paid and the inmate wishes that the amount be reduced.
  3. Deportation: When the inmate has entered the country illegally and does not possess a passport, the deportation application is made in order for her/his transfer.
  4. Personal bond: Also known as "release on recognizance bond," is a promise to appear in court on all future court dates related to an inmate’s case as well as a promise of good behavior if the court allows you to remain free. However, the inmate must deposit a certain amount as surety which will be forfeited in the case of default of the two conditions. In order to apply for a personal bond the inmate must be a resident of the same city as the jail.

Requirements: The most important detail that is required is the U.T. No. (Under trail number) which can be found on the U.T. card carried by any inmate who is still under trial. With that number the inmate’s other details such as name, age, date of arrest, police station in which complaint was made, section under which the inmate is charged, etc. can be found in the records maintained in the jail’s judicial department. However the detailed facts of the case should be taken from the inmate personally. If it is the inmates first offence then mention that in the application for bail, it gives him/her an added advantage.


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For students: The first thing you need to ask is whether the inmate already has a lawyer, if yes, then move to the next inmate.
Secondly, you can only apply for petty offences e.g. theft, violation of laws in the R.P. Act.
Third, identify what it is that the inmate wants. Many students do not understand which type of bail application is to be filed among the four.
Secondly, only ask the inmate necessary questions. Don't get personal. Always maintain a certain level of professionalism. And try not to get fascinated by their amazing stories.





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Abu Salem meme: Before and After
Arthur Road Jail meme: Building muscles since 1926

How to apply for bail: Most law students do not know how to apply for a bail in India. Some colleges only give out the format of application for bail (which is almost same in all states of India). There are hardly any sites online where you an find the bail application format. Sample formats of a cash bail application and personal bond application can be found below:








Sample Cash Bail Application Format: 

IN THE COURT OF THE ______EXERCISING THE POWERS OF __________ AT __________

Application No.:______ of 20__




Applicant/Suspect
 

Versus


Respondents
 

Application for _____(Name + Under trial Number)___ on charges ______
MAY IT PLEASE YOUR WORSHIP:-

1. That the applicants/suspects have been kept in police custody since ______ by the SHO of Police Station: ______ on the suspicion of likely to commit a cognizable offence under Sections of IPC.
 

2. That the applicants submit that they are innocent and have neither any intention of committing any such offence nor have ever committed any such offence. The applicants have been falsely implicated in the said case by some person with vested interest to harass the applicant.
 
3. That by keeping the applicants/suspects under custody and arrested the applicants have been deprived of their valuable fundamental right of liberty by abuse of legal provisions and process of law by the complainant.
 

4. That the applicants are willing to furnish surety and bail bonds to the satisfaction of this Ld. Court in case they are ordered to be released on bail. The applicants are also willing to join the investigations and bind himself by the terms and conditions laid down by the law or by this Ld. court. It is further submitted that the applicant is not at all required for the investigations and the investigations are over. However, if the applicant is required for investigation, the applicant/suspect undertakes to be present as and when required in accordance with the law.
 
5. That neither any recovery is to be effected from the applicant nor the applicant is in a position to temper with the prosecution evidence. The applicant will associate with the investigation when ever required to do so.
It is, therefore, most respectfully prayed that:- 
(a) that the I may be ordered to be released on bail and this application for bail may kindly be allowed; 
(b) that till the decision of this application interim bail may be granted to the me; 

(c) Such other orders be also passed in my favour as deemed fit and proper in the facts and circumstances of the case and in the interest of justice.
 
(City)
Dated this ___ day of ____20__                                                       
                
                                                                                       
_______________________
  (Applicant)




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Sample Personal Bond Application Format: 
FORM NO. 13


Bond for Good Behaviour
 
 WHERES I, _______ .(name, inhabitant of (place) _______ have been called upon to enter, into a bond to be of good behaviour to Government and all the citizens of India for the term of _______.(state the period) or until the completion of the inquiry in the matter of __ pending in the court of _______ . I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of' the said inquiry; and, in case of my making default therein, I hereby, myself to forfeit to Government the sum of rupees _____. 
(City)
Dated this ___ day of ____20__ 


_______________________
(Applicant)

[Now you know how to apply for a bail in India. Go bail your friends out now!]


-Vikrant Shetty


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8 comments:

  1. Thank you. This article is very detailed. I have my jail visits coming next week. In college they do not teach us any of these practical aspects. Yet, they are for 10 marks in our final sem. After searching a lot on Google I finally found this blog. Thanks again!

    ReplyDelete
    Replies
    1. What Mr. Dineshkumar says is completely true. Are they planning to continue this flawed system forever?

      Delete
  2. Fantastic post. I was verifying consistently this site and I am quite impressed! Incredibly useful facts especially the first part. I proper care for such facts much. I was looking for this particular facts for years. Thank you and enjoy.bail bonds orlando fl

    ReplyDelete
  3. Thanks a lot Dear Sir,
    It is really usefull

    ReplyDelete
  4. Indeed very usefuk
    though i wish to suggest a slight change...
    Most respectfully showeth instead of may it please your worship
    one fact should as far as possible be stated in one paragraph...
    Always to be remembered,in india,a bail applicationnis required only in case of non-bailable offences,as,in case of bailable offences,bail is a matter of right!

    ReplyDelete
  5. A very detailed article indeed.. however i wish to suggest a few changes,
    firstly most respectfully showeth instead of may it please your worship,secondly one fact should as far as possible be stated in one paragraph,
    thirdly it should be remembered that in india,a bail application is required only in non bailable offences where bail is not a matter of right

    ReplyDelete