86+ Lawyers are online 
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
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.
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.
Helpful?
Adv. Sudershani Ray
Delhi | 200+ Answers
Chat
Can bail conditions be relaxed?
1. Only the High Court can relax or waive bail conditions imposed by it. 2. If the bail is refused, it can be because the accused does not meet the bail conditions.
What is Section 436 and 437 of the CrPC?
The code has a section on bailable cases and a section on bailable non-bailable crimes. 10-Sept-2019
What is Section 436 to 439 of the criminal procedure code?
The Court held Section 436 does not provide for the cancellation of bail. The Sub-Section(2) of Section 439 of CrPC, however, provides that a High Court of Session or Court of Session can order that a person who was released on bail pursuant to Chapter XXIII is arrested and committed to custody. 23-Jul-2023
What is Section 437 and 439 of the CrPC?
The CrPC Section 437 prohibits bail for offences punishable with death or life in prison unless there is no doubt about the guilt of the accused. However, Section 439 allows the Sessions Court or High Court the discretion to grant bail in these situations. 18-Jan-2023
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....
Helpful?
38+
38+
Dr. S. Diraviam Dinesh
Chennai | 500+ Answers
CONTACT NOW
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.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
