. (I) upon a petition presented ir~ the Court in normal course:
(2) upon a petition received from jail;
(3) . upon an order by a Judge on perusal ofa Sessions statement:
(4) upon an order by a.Judge on examination of periodical return; or
(5) during the course of Inspection of a Subordinate Court . ' .
113. Revisions arising out of conviction and sentence of imprisonment shal_l be posted for admission only after the applicant has surrendered.
/
114. When a Revision has been admitted the Registrar (Judiciai) shall fix a date of hearing and cause notice to be issued in the prescribed form.
' ,.
756(32)
115. In the case of Revision. when notice has been issued to_the accused proposing a death se,~t~nce. the Regis1rnr (Judicial) shall take steps to ascertain whether the accµsed has funds to emP,loy his own counsel and if.
. . I necessary shall; ~t the earliest, obtain orders of the Chief Justice for appointment of counsel for the accused.
(C) Criminal_ Reference
116. - ( 1) As soon as a Reference under Section 395 of the Code of Criminal Procedure is received the Registnfr (J udicial).shall regi_ster and place it before the Court for adm'ission. The Court shall tlfere af!er dispose of the Reference in such manner.as it deems appropriate.
(2) If the. Court is ofopinion that the point referred to in the case is of substantial importance. it may refer the case for hearing by a Larger Bench. · (H) Bail Matters
117. ·Every bail application under Sections 438 and 439 of the Code of Criminal Procedure sl~all. as far as possibk.
be moved in the ~9rmat prescribed. . .
I 18. No ap(11 ication for grant of anticipatory bai I or regular b~i I under a~y provisiqn of law sh al 1. I ie u~ less a ncit ice has been served ~1pon the Public Prosecutor/ Advocate General.. · · 119_. In all Criminal Appeals and Criminal Revisions arising out of conviction and sentence imposed by a Judicial Magistrate or.a Court of Sessions, the Registrar (Judicial) shall send for the_rei::ords of the Court(s) below. _ In ot-her cases the records of the_ Court(s) below shali not be sent for or requisitioned unless the Court directs.
120. ( 1)
(2) , (3) All applications for grant ofanticipatory bail shall be supported with an affidavit of the applicant · clearly stating the name of the advocate he has engag~d and whether any such bail application has , been previously filed or not. In exceptional cases a relative of the applicant or the person engaging the lawyer in the High Court may submit an affidavit in support of the application.
In a case where the number of ;cc used are more than one, the ~ffidavit sh al I state as to whether or not bail application of a co-accused is pending-or has been disposed of in the High Court.
All applications under Section 439 ofthe Code of Criminal ·Procedure shall be supported with an affidavit of the relative of the appl'ica1it or a person acquainted with the facts. If the number oJthe accused are more than one; the affidavit shall state as to whether or not bail application of C()-accused is pending or has been disp'osed of in the High Court_.
·1 i ..
4 • 4 '· 756 (33) ,.
Format of Anticipatory Bail Application u/s 438 Cr.P.C.
IN THE HIGH COURT OF'CHHATTISGARH AT BILASPUR (CHHATTISGARH) - M.Cr.C. (A) NO. /YEAR APPLICATION UNDER SECTION 438.OF T_HE CODE OF CRI_MINAL PROCEDURE APPLICANT: A . VERSUS NON-APPLICANT : B CASE NO. /8.A. NO.
CRIME NO.
POLICE STATION OFFENCE U/S.
The applicant named above respectfully begs to submit.as unc;ler ::
I. That the applicant had preferred·an ~pplication under Section 438 Cr.P.C. fo~ anticipatory b~il before the
2.
learned lower Court, which has been rejected by the lower Court vide order dated ......... , .......... in bail application. No ... : ..... ) ...... : ....... A COI?Y of the same is being annexed herewith as ANNEXURE - That this•·is the First/Second/Subsequenj (No.) bail application before this Hon'ble Court. No other application of the nature is pending before this Hon'ble Court or before the Court below.
3. That the applicant is apprehending his arrest in connecdon with Crime No .... ., ........ :.: ... : ... registc:i·ed at Police Station ...... . : . ........................................... for an alleged offence punishable under Section ................... of I. P.C./any _other Act.
4. The applicant has following pending/decided crimin_al case(s) against him ---- -~ (if none -- say nil)
5. That as per the prosecution story . : ............................. .
6. GROUNDS
7.
8.
/ That the applicant is ready to abide by all the directions and conditions which rnay he imposed by this l_fon'bk Court while granting bail .
That the appl_icaht is permanent resident of ................... , ........ · ........................ .
PRAYER It is therefor~, prayed that this Hon'ble Court may kindly be pleased to order release of the applicant on bail in the event of arrest for'-the above mentioned offence ..
COUNSEL FOR THE APPLICANT PLACE:
DATED:
..
756 (34) ·~n1h.P1dm, ~2s ~ 2007 . . - . .. . . - IN THE HIGH'COURT OF CHHATTISGARH AT BILASPlJR (CHHATTISGARH) M.Cr.C. (A) NO.
APPLICANT: A · VERSUS . NON-APPLICANT : B AFFIDAVIT . . . ._ . ' ,,,,- ........................... ; ..... S/o ........ ~ .................. · ......... aged ......... yearsR/o ... · ...... , .................. .
District.. ................. do hereby state on oath as under :- · I. That, this is the First/Second/Subsequent (No.) bail application:ofthe applicant befo~e this Hon'bie Court.
NCI other application of the nature is pending either before this Hon 'ble, Court or Court below.
2. That, I am the applicant in the instant petitio~ and-as sud1 I aqi fully conversant with the facts of the case.
: , ✓ • ,. \ r, r , /.t{; • ~ ( l $. That, I have engaged Mr . . , ............ , ...................... , .... , ........ Advocate as my counsel to move and . argue the bail applleatton before this Hon'ble Court o'ii my'behalf.. , . .
4 . : . . . .
4. That the statement of facts in bail applicationar:e true to my personal knowledge.
' i .
VERIFICATION . I ............ .' ....... ,..-·· the deponent, do hereby ve'rify that the contents of the affidavit from paras I to 4 are true to my personal knowledge.
Verified and signed on this ............. ·: .. day of ....................... at.._ .............. : .. : .......... .
DEPONENT .- Identified by me:
',; .. ' / Format of Appltcation for.regular bail u/s.439 Cr.P.C.
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) M.Cr.C.NO. /YEAR APPLICA~ION UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE APPLICANT:
VERSUS NON-APPLICANT:
A CASE NO. /B.A. NO.
CRIME NO.
POLICE STATION OFFENCE U/S.
• ~ •. : • ' ' I ~l • • ·- ' . • .,• • - The ~pplicant named above resp~tfuliy begs to submit as ti~r :- . . .
756 (35) .
• .• ·• • •. r. f . ·• • : '• , • • • . • • . .... • • .; . • ." . •. . • / • • . ' • , • I.· fhat this 1s the Ftrst/Second/Subsequent (No.) batl apphcat1on before this Hon'ble Court. No other application of the nature is pending before this Hon'ble Court or before the Cou,:t below.
2. That the applicant had preferred an ~pplication under Section 439 Cr.P.C. for his release ~n bail before the learned Sessions Court. which has been rejected by the lower Court vide order dated .......... , ........ in bail applicatioriNo ................. :······· A copy ofthesame is being annexed herewithasANNEXURE-
3. That the• applicant has been arrested by Police of Police Station ..... ; ................. 6n ........... ~ ....... , ........ for an alleged offence punishable under Section ..... : ............. on .P.C ./any other Act. . •
4. That the deponent of the attached affidavit is a relative (relation to be disclosed) of the applicant and _is , furly conversant with the facts of the case and authorized by the applicant to move an application tor his release on bail.
5. That as perthe prosecution story .......... ; .................... .
6 .. GROUNDS
7. That the applicant is permanent resident of ..................... .- ................. : .. : ....... .
8. . That the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Hon'ble Court:
PRAYER It is therefore, prayed that this Hon'ble Court may kindly be pleased to grant bail to the applicant.'
COUNSEL FOR THE APPLiCANT PLACE-:
DATED:
I • 756 (36) -&ffift•iii m; ~ 2s ~- 2007 . . .
IN THE HIGH COURT OF CHHATT.ISGARH AT BILASPUR (CHHATTISGARH) M.Cr.C.NO. /YEAR APPLICANT: A VERSUS • NON-APPLICANT: B · AFFIDAVIT ... .- ............................ S/o ............. : . ........... : ..... · ... aged ......... years Rio ............. · ............... .
District. ........ , . .' ....... do hereby state on oath as under :-
1. That, I am applicant's Relative (relation to.be· disclosed) and conversant with the facts of the case. I am authorized by the applicant to move an application for his release ~n bail.
2. That, _I am authorized by the applicant to swear this affidavit on his behalf in support of the bail applica tion ..
3. That, this is the First/Second/Subsequent (No.) bail application of the applicant before this Hon"hle · C'ourt. No other applicatioJl of the nature is pending either before this Hon'ble Court or Cou1t_below. . .. . .
4. 'That, I have engageiMr." : .................. : ......... ~ ................. : ... Advocate as applicant's counsel to move and argue the bail application before this Hon'ble Court on·his behalf.
5, ,,,That the contents of the baii app)ication are true to my personal knowledge.
DEPONENT VERIFICATION I ......................... the deponent, do hereby verify that the contents of the affidavit from paras I to 5 are true to my personal knowledge.
Verified and signed on this ................. day of.: .................... at.. ........... : ................ .
DEPONENT.
Identified by me:
·, ._·='~f,~,;;::;;,"ji~;;i~li~:~/:c,i' ,. · ,;,,- ·1 • 1:1 mi"\~•1~ ~; ~ 2s ~ 2001
CHAPTER-VHI FILING, REGISTRATION AND CLASSIFICATION A: FILING AND REGISTRATION 756 (37) I 2 I. All Presentations including documents etc. shall be headed "IN THE HIGH COURT OF CHHATTISGARH' AT Bl LASPUR" and shall be tiled in triplicate at the centralized filing counter or the tiling counter eannarkcd.
for a particular group of cases before the designated Officer and shall be accompanied by a preseribed listing · proforma duly filled in primarily meant for entering in the Computer Data. The fili1igs shall be received.from IO AM to I .30 PM and from 2.15 PM to 4.30 PM.
122. All Presentations shall be processed only after a satisfactory stamp report, and after the defects, if any, have been Jemoved and aH other mandatory requirements are duly met with.