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Modification / relaxation of bail condition


08-Mar-2023 (In Criminal Law)
I got bail with condition not to leave India. After filing of chargesheet i filed application for permission to travel abroad in magistrate court in same CC no. Now chargesheet got stayed by highcourt and so all related petition including my travel application is stayed. Now how to proceed to get relaxation to travel abroad
Answers (3)

Answer #1
669 votes
Section 439 of the Code of Criminal Procedure, 1973 grants significant discretionary powers to the High Court and the Court of Session to grant or deny bail in certain circumstances and also allows them to modify or set aside bail conditions imposed by a Magistrate. One has to file an application under Section 439(1)(b) CrPC before the concerned Court of Session or High Court to be allowed relaxation of bail conditions. To apply for modification or relaxation of bail conditions under Section 439 of the Code of Criminal Procedure (CrPC), you can follow these steps:

It is always wise to seek guidance from a criminal lawyer in matters of bail.

1. Prepare an application: Work with your lawyer to prepare a formal application for modification or relaxation of bail conditions. The application should clearly state the reasons why you are seeking the modification or relaxation (in your case, travelling abroad) and should be supported by relevant facts and circumstances.

2. File the application: Apply to the court of higher jurisdiction, such as the High Court or the Court of Session, depending on the nature of your case and the authority that granted your bail. Ensure that you file the application in the proper format and follow any specific court procedures.

3. Serve notice to the prosecution: Serve a copy of the application to the public prosecutor or the prosecutor handling your case. This is to provide them an opportunity to present their arguments or objections during the court proceedings.

4. Attend the court hearing: Once the application is filed, the court will schedule a hearing to consider your request. Attend the hearing along with your lawyer and be prepared to present your arguments and any supporting evidence. Your lawyer can make submissions on your behalf and counter any objections raised by the prosecution.

5. Court's decision: The court will examine your application, consider the arguments presented, and make a decision on whether to grant or deny the modification or relaxation of bail conditions. The court's decision will be based on the facts and circumstances of your case, as well as the interests of justice.

It is crucial to work closely with your lawyer throughout the process to ensure that your application is properly drafted, filed, and presented before the court.
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Answer #2
608 votes
Now you need to file an application in that regard. Or else you can expedite the proceedings in the quash petition so that the entire matter will be decided either way. It requires a bit of work and persistence to get it done. You didn't mention the charges made out against you....

Answer #3
84 votes
The accused may approach the High Court or court of session under section 439 (Criminal Procedure Code 1973) and request a relaxation of bail conditions, if the reasons are valid.
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