Chapter XXXII

Section 443 CrPC: Power to order sufficient bail when that first taken is insufficient

New Law Update (2024)

Section 504 BNSS

TRIAL COURT

Punishment​

Procedural – Warrant / Summons Process

Cognizable?

Bailable?

Compoundable?

Bare Act Text

If, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and on his failing so to do, may commit him to jail.

Important Sub-Sections Explained

Landmark Judgements

Draft Format / Application

IN THE COURT OF THE [Designation of Judge, e.g., Chief Judicial Magistrate/Sessions Judge], [City]
Criminal Miscellaneous Application No. ____ of 2024

IN THE MATTER OF:

[Name of Applicant/Complainant/State]
S/o / D/o / W/o [Father’s/Husband’s Name]
R/o [Address]
…Applicant/Complainant/State

VERSUS

[Name of Accused]
S/o / D/o / W/o [Father’s/Husband’s Name]
R/o [Address]
…Respondent/Accused

APPLICATION FOR DIRECTION TO FIND SUFFICIENT SURETIES UNDER SECTION 443 OF THE CODE OF CRIMINAL PROCEDURE, 1973

MOST RESPECTFULLY SHOWETH:

1. That the present application is being filed under Section 443 of the Code of Criminal Procedure, 1973, seeking an order from this Hon’ble Court for the Respondent/Accused to furnish sufficient sureties.

2. That the Respondent/Accused was granted bail by this Hon’ble Court vide order dated [Date of Bail Order] in connection with [Case No. and Offence under relevant Sections, e.g., FIR No. ___/___ under Sections ___ IPC, Police Station ___].

3. That pursuant to the said bail order, the Respondent/Accused furnished a bail bond along with two sureties, namely, [Name of Surety 1] and [Name of Surety 2].

4. That subsequently, it has come to the knowledge of the Applicant/Prosecution that the sureties so furnished by the Respondent/Accused have become insufficient for the following reasons:
[Elaborate specific reasons, e.g., Surety 1 has passed away/moved out of jurisdiction and cannot be traced/has become insolvent/the property offered as surety has significantly depreciated in value/it was discovered that the sureties provided false information regarding their financial standing/property details at the time of acceptance.]
[Provide evidence or basis for this assertion.]

5. That the continued release of the Respondent/Accused on bail with insufficient sureties poses a significant risk of him absconding and obstructing the course of justice.

6. That in view of the above, it is imperative that this Hon’ble Court exercises its power under Section 443 CrPC to ensure that the Respondent/Accused furnishes sufficient sureties, failing which he may be committed to jail.

PRAYER:

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

a) Issue a warrant of arrest directing that the Respondent/Accused be brought before this Hon’ble Court.
b) Order the Respondent/Accused to find and furnish fresh and sufficient sureties within a stipulated time.
c) In the event of the Respondent/Accused failing to provide sufficient sureties as ordered, commit him to judicial custody.
d) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the interest of justice.

Date: [Date]
Place: [Place]

APPLICANT/PROSECUTION
Through Counsel
[Signature of Counsel]
[Name of Counsel]
[Bar Council Registration No.]
[Address]

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