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Applications-filed-in-Criminal-Courts

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					Sample performa for various types of Petitions /
Applications filed in Criminal Courts
1. Bail Application under Section 436 in a Magistrate’s court in a
case of bailable offence:
In the Court of Shri …….................….., Metropolitan Magistrate, Delhi
In ref. :
State versus Amit Sharma etc.
FIR No. : …………………............
Under Sections : …………...........
.Act .............…………....................
Police Station : ………….............
APPLICATION FOR BAIL UNDER SECTION 436 Cr.P.C. ON
BEHALF OF THE ACCUSED RAM KUMAR S/O LATE SHRI
HIRA LAL
The humble petition of the applicant Ram Kumar, accused in the above
case
Most Respectfully showeth:
1. That the applicant was arrested by the Police under Section 151
Cr.P.C. yesterday at 9.00 p.m. and were kept in the lock-up in the
Subzi Mandi police station.
1. That the bail offered by the applicant was refused by the police.
2. That the applicant has been produced before this Hon’ble Court this
day and he has been charged under Section ….. of Indian Penal Code.
3. That the offences mentioned in para no.3 above are all bailable.
PRAYER:
It is, therefore, respectfully prayed that the applicant may kindly be released
on bail pending the disposal of the case.
Applicant ( in custody)
Delhi Through
Dated : 1.2.2005 Counsel258 Courts, Police, Authorities & Common Man
2. Bail Application under Section 437 Cr.P.C. filed in a Magistrate’s
Court in a non-bailable offence
In the Court of Shri......................................, Metropolitan Magistrate, Delhi
In ref. :
State versus Deepak Singh
(in custody since 23.6.2004)
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION FOR BAIL UNDER SECTION 437 Cr.P.C. ON
BEHALF OF THE ACCUSED DEEPAK SINGH S/O S.K.SINGH
The humble petition of the applicant Deepak Singh, accused in the above
case
Most Respectfully showeth:
1. That the applicant was arrested by the Police on mere suspicion on
23.6.2003. That nearly a month has passed after the arrest but still
the Invstigating Officer (I.O.) has not filed the challan/charge sheet.
( or that the investigation has been completed and no useful purpose
would be served by keeping him in jail).
2. That the applicant was not identified by any inmate of the house of
……….. where the dacoity is alleged to have taken place, nor any
incriminating article was found in his house.
3. That the applicant is not named in the FIR. No offence is made out
against the applicant. The applicant has not committed any offence
as alleged. He has clean past record.
4. That the applicant has reason to believe that one ………. with whom
the applicant is on bad terms and who is looking after the case of the
complainant has falsely implicated the applicant in this case out of
grudge and malice and with ulterior motives.
4. That the applicant is a respectable and law abiding person and a
family man having deep roots in the society and is not likely to
abscond.Part III : Criminal Law Administration System 259
5. That the applicant will not jump bail and will not tamper with the
evidence and undertakes to abide by all the terms and conditions
imposed upon him while releasing him on bail.
PRAYER:
It is therefore respectfully prayed that this Hon’ble Court may kindly be pleased
to pass order for releasing the applicant on bail.
It is prayed accordingly.
Applicant ( in custody)
Delhi Through
Dated : 25.7.2004 Counsel
3. Bail Application under Section 439 Cr.P.C. filed in Sessions Court
in a non-bailable offence
In the Court of Shri ……................., Addl. Sessions Judge, New Delhi
In ref. :
State versus Ram Prakash
(in custody since 22.12.2004)
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION FOR BAIL UNDER SECTION 439 Cr.P.C. ON
BEHALF OF THE ACCUSED RAM PRAKASH S/O SANGRAM
SINGH
The humble petition of the applicant Ram Prakash, accused in the above
case
Most Respectfully showeth:
1. That the abovesaid case was registered on the false complaint lodged
by one Shri................................ The applicant has been falsely
implicated in the case (give reasons for this statement).
2. That the applicant is in custody for more than 40 days. The maximum260 Courts,
Police, Authorities & Common Man
punishment for the offence alleged against the applicant is only 2
years.
3. That the investigation in this case is complete and the prosecution
has also filed the challan.
4. That no purpose would be served in keeping the applicant in jail.
5. That the applicant is a respectable and law abiding person and a
family man having deep roots in the society and there is no possibility
of his escaping or absconding.
6. That the applicant is the only bread earner of his family and his family
comprising his wife, two minor children and old aged parents are
dependent upon him
6. That the applicant is willing to furnish proper security for appearance
in court to take his trial.
7. That the earlier bail application of the applicant was rejected by the
court of Shri ..................................., Metropolitan Magistrate, Delhi
on ................................ (give date).
PRAYER:
It is therefore respectfully prayed that this Hon’ble Court may kindly be
pleased to pass an order directing release of the applicant on bail.
It is prayed accordingly.
Applicant ( in custody)
New Delhi Through
Dated : 25.2.2005 CounselPart III : Criminal Law Administration System 261
4. Bail Application under Section 439 Cr.P.C. filed in High Court in a
non-bailable offence
In the High Court of Delhi at New Delhi
(Criminal Miscellaneous Jurisdiction)
Crl. Misc.(Main) No.                                of 2005
In the matter of :
Sushil Garg ...................................Petitioner
(in custody since 22.12.2004)
Versus
State ...................................Respondent
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION FOR BAIL UNDER SECTION 439 of CODE OF
CRIMINAL PROCEDURE
To,
Hon’ble The Chief Justice and his companion Justices of the Delhi High
Court,
The humble petition of the petitioner abovenamed
Most Respectfully showeth:
1. That the petitioner is a respectable person having deep roots in the
society. He has his own business of ........................... under the name
and style of ........................... And is an income tax payer. He is
associated with may social and public welfare organizations. (give
names and description).
2. That one Shri ..........................., who is an influential person, in order
to harass and humiliate the petitioner, lodged a false complaint and
got a false case of cheating registered against the petitioner vide FIR
No. ........... Under Sections ............... at police station ...........................
3. That the said Shri ........................... is a business rival of the petitioner
and he got the petitioner arrested on the basis of the said FIR.
4. That the investigation conducted so far by the police do not support
the allegations in the FIR. The police has duly interrogated him during262 Courts, Police,
Authorities & Common Man
the police custody. His detention in custody is not required for the
purpose of investigation of the case.
5. That the petitioner is in custody for more than 40 days. The maximum
punishment for the offence alleged against the petitioner is only 2
years.
6. That the petitioner has his permanent residence at Delhi and carries
on business. There is no possibility of his escaping or absconding.
7. That the petitioner is a senior citizen aged 65 years. The petitioner is
suffering from several serious ailments.
8. That no purpose would be served in keeping the applicant in jail.
9. That the petitioner undertakes to abide by all the terms and conditions
that may be imposed upon him by this Hon’ble Court and shall attend
the court of the learned Magistrate as and when required.
10. That the earlier bail applications of the applicant was rejected by the
court of Shri ...................., Metropolitan Magistrate, Delhi on
.give date) and by the court of Shri ..........................., Addl) ................
Sessions Judge, Delhi on ...........................
11. That the present petition has been moved bona fide and in the interest
of justice.
PRAYER:
It is therefore respectfully prayed that this Hon’ble Court may graciously
be pleased to direct the release of the petitioner on bail or pass such other
order or orders as this Hon’ble Court deem fit and proper.
And the petitioner, as in duty bound, shall ever pray.
Petitioner
New Delhi Through
Dated : 25.2.2005 Counsel
Note :
1. An affidavit is required to be filed alongwith the bail petition in the High
court. Alternatively, the bail petition may be sworned. Kindly check the
exact High Court rules of the concerned High court.
2. The petitioner can move the bail application in any court he likes. There is
no legal bar. But, it is advisable that the bail petition should be first moved
first before the Magistrate. If rejected, then before the Sessions Court and if
rejected there also, then before the High Court. If rejected there also, then
before the Supreme court.Part III : Criminal Law Administration System 263
5. Anticipatory Bail Application under Section 438 Cr.P.C. filed in
Sessions Court in a non-bailable offence
IN THE COURT OF SESSIONS JUDGE, DELHI
Criminal Misc. Case No. of 2005
In the matter of :
Ram Kumar Gupta ..................................Petitioner
Versus
State ...................................Respondent
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION
438 of CODE OF CRIMINAL PROCEDURE
The humble petition of the petitioner abovenamed
Most Respectfully showeth:
1. That the petitioner is a respectable person and law abiding citizen
having deep roots in the society. He has his own business of
under the name and style of .......................... and is ..........................
an income tax payer. He is associated with may social and public
welfare organizations. (give names and description). (give details of
any award etc. conferred by govt. or organisations). He is a permanent
resident of Delhi.
2. That one Shri .........................., who is an influential person, is a
business rival of the petitioner and is not on good terms with the
petitioner. He is always on look out for the opportunities to malign
and harass the petitioner.
3. That the petitioner has come to know that in order to harass and
humiliate the petitioner, the said Shri ................... has got a false case
of cheating registered against the petitioner vide FIR No. ......................
under Sections ........................ at police station ........................
4. That the petitioner is innocent and the said case has been falsely264 Courts, Police,
Authorities & Common Man
registered against the petitioner at the behest of said Shri .......................
The petitioner has been falsely implicated in the said case.
5. That the petitioner has reasons to believe that he may be arrested on
an accusation of having committed the said offence, which is a
non-bailable offence, by the police at the instance of the said
Shri...........................
6. That in these circumstances, the petitioner would suffer irreparable
loss and injury in body, mind and reputation if an order for anticipatory
bail is not passed in his favour.
7. That the petitioner has his permanent residence at Delhi and carries
on business. There is no possibility of his escaping or absconding.
He is a senior citizen.
8. That the petitioner undertakes to obey all the conditions mentioned
in clauses (i) to (iv) of Section 438(2) Cr.P.C. and to obey any other
conditions, if imposed by this Hon’ble Court.
PRAYER:
It is therefore respectfully prayed that this Hon’ble Court may graciously
be pleased to issue a direction to the officer-in-charge (S.H.O.) of the
police station ……….. that in the event of the petitioner being arrested,
he be released on bail forthwith.
It is prayed accordingly.
Petitioner
Delhi Through
Dated : 1.3.2005 CounselPart III : Criminal Law Administration System 265
6. Anticipatory Bail Application under Section 438 Cr.P.C. filed in
High Court in a non-bailable offence
In the High Court of Delhi at New Delhi
(Criminal Miscellaneous Jurisdiction)
Crl. Misc.(Main) No.                               of 2005
In the matter of :
Ravi Agnihotri ..................................Petitioner
Versus
State ...................................Respondent
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION
438 of CODE OF CRIMINAL PROCEDURE
To,
Hon’ble The Chief Justice and his companion Justices of the Delhi High Court,
The humble petition of the petitioner abovenamed
Most Respectfully showeth:
1. That the petitioner is a respectable person having deep roots in the
society. He is a reputed business man having a long standing business
of ............................... in Delhi under the name and style of
and is an income tax and sales tax payee. He is ...............................
associated with may social and public welfare organizations. (give
names and description).
2. That one Shri ............................... is a business rival of the petitioner
and is not on good terms with the petitioner. He is always on look out
for the opportunities to malign and harass the petitioner.
3. T h a t t h e p e t i t i o n e r h a s c o m e t o k n o w t h a t t h e s a i d S h r i
has lodged a false complaint to the police against ...............................
the petitioner alleging cheating and forgery. The said complaint has
been registered by the police as FIR No. ............................... under
Sections ............................... at police station ...............................
4. That the said FIR is motivated and false and the only intention of the
said complainant is to harass and humiliate the petitioner and to tarnish
his image in the business circle.266 Courts, Police, Authorities & Common Man
5. That the petitioner is innocent and the said case has been falsely
registered against the petitioner at the behest of said Shr
i
The petitioner has been falsely implicated in the ...............................
said case.
6. That the petitioner has reasons to believe that he may be arrested on
an accusation of having committed the said offence, which is a nonbailable offence, by the
police.
6. That in these circumstances, the petitioner would suffer irreparable
loss and injury in body, mind and reputation if an order for anticipatory
bail is not granted in his favour.
7. That the petitioner is a permanent resident of Delhi. There is no
possibility of his escaping or absconding. He is a senior citizen.
8. That the petitioner undertakes to obey all the conditions mentioned
in clauses (i) to (iv) of Section 438(2) Cr.P.C. and to abide by all the
terms and conditions that may be imposed upon him in the order of
bail by the Hon’ble Court.
9. That the earlier application for anticipatory bail was rejected by the
court of Shri................, Addl. Sessions Judge, Delhi on..........................
10. That the present petition has been moved bona fide and in the interest
of justice.
PRAYER:
It is therefore respectfully prayed that this Hon’ble Court may graciously
be pleased to issue a direction to the officer-in-charge ( S.H.O.) of the
police station ............................... that in the event of the petitioner being
arrested, he be released on bail forthwith.
Such other order or orders as this Hon’ble Court deem fit and proper may
also be passed in favour of the petitioner.
And the petitioner, as in duty bound, shall ever pray.
Petitioner
New Delhi Through
Dated : 1.3.2005 Counsel
Note :
1. An affidavit is required to be filed alongwith the bail petition in the High
court. Alternatively, the bail petition may be sworned. Kindly check the exact
High Court rules of the concerned High court.Part III : Criminal Law Administration
System 267
7. Application under Section 439(2) Cr.P.C. for cancellation of bail
In the High Court of Bombay at Mumbai
(Criminal Miscellaneous Jurisdiction)
Crl. Misc.(Main) No.                         of 2005
In the matter of :
Prakash Lokhande ..................................Petitioner
Versus
Mohd. Iqbal & another ...................................Respondent
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION UNDER SECTION 439(2) READ WITH SECTION
482 OF CODE OF CRIMINAL PROCEDURE FOR
CANCELLATION OF BAIL
To,
Hon’ble The Chief Justice and his companion Justices of the Bombay
High Court,
The humble petition of the petitioner abovenamed
Most Respectfully showeth:
1. That the petitioner filed a complaint against the accused respondent
no.1 for having committed the murder of petitioner’s father Shri
..........................The police registered a FIR no .….................................
under Section 302 IPC against the respondent no.1 and arrested him.
The said accused was in custody only for a period of 15 days.
2. That in view of the gravity of the charge against the accused, the
Judicial Magistrate 1st Class refused his bail on three occasions and
his bail application before the Sessions Court was also rejected.
3. That the respondent no.1 then moved this Hon’ble Court for bail and
this Court was pleased to grant him bail with certain conditions.268 Courts, Police,
Authorities & Common Man
4. That since his release on bail, the said accused is threatening the
petitioner and other eye-witnesses with dire consequences if they
deposed against him in the Court. ( narrate here the exact threats
given by him and on what dates)
5. That the petitioner duly complained the local police regarding these
threats. The G.D.entries are recorded in the register of the police station
.giving details of such threats ...............................
6. That the petitioner apprehends that if the accused continues on bail,
the eye-witnesses will feel insecure and may not come forward to
state the true facts.
7. That the accused is an influential person and there is every likelihood
of his tampering with the evidence. He may even abscond as his past
record is criminal.
8. In these circumstances, his bail is required to be cancelled to uphold
the majesty of law.
9. That the present petition has been moved bona fide and in the interest
of justice.
PRAYER :
It is therefore humbly prayed that this Hon’ble Court may graciously be
pleased to issue show cause upon the respondent no.1/accused and cancel
his bail.
Such other order or orders as this Hon’ble Court deem fit and proper may
also be passed.
And the petitioner, as in duty bound, shall ever pray.
Petitioner
Mumbai Through
Dated : 1.3.2005 Counsel
Note:
1. The State is also to be made a party(respondent) to such petition.Part III : Criminal Law
Administration System 269
8. Application for modification of conditions of bail
In the High Court of Delhi at New Delhi
(Criminal Miscellaneous Jurisdiction)
Crl. Misc.(Main) No.                               of 2005
In the matter of :
Ramesh Jain ...................................Petitioner
Versus
State ...................................Respondent
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
PETITION UNDER SECTION 482 OF CODE OF CRIMINAL
PROCEDURE FOR MODIFICATION OF CONDITION OF BAIL
GRANTED BY THE COURT OF SHRI............................., SESSIONS
JUDGE, DELHI IN CASE NO. ....................................
To,
Hon’ble The Chief Justice and his companion Justices of the Delhi High
Court,
The humble petition of the petitioner abovenamed
Most Respectfully showeth:
1. That the petitioner is a reputed business man having a long standing
business of.......................... in Delhi under the name and style of
and is an income tax and sales tax payee. He is ...............................
associated with may social and public welfare organizations in various
capacities. ( give names and description). He is a respectable person
having deep roots in the society.
2. That the petitioner has been falsely implicated in a false case under
Sections ....................... of IPC vide FIR No. ........................... Police
station .......................... at the instance of his business rival
Shri..................................
3. T h a t t h e p e t i t i o n e r w a s g r a n t e d b a i l b y t h e c o u r t o f
Shri..........................., Sessions Judge, Delhi on .....................................
(give date) in Case no. ...........................
4. That the bail was granted by the Sessions court only on the condition270 Courts, Police,
Authorities & Common Man
that the petitioner shall not enter Delhi till the investigation is
completed.
5. That the petitioner is a permanent resident of Delhi. He has his family
and business here. He is the only earning member of the family. If he
is not allowed to enter into Delhi, he would not be able to run his
business and as a result, his family would be on the road and their
very survival would be endangered.
6. That the petitioner moved an application before the same Sessions
Court for removing this condition, but the learned Judge declined
vide his order dated ...........................
7. That the family of the petitioner is suffering untold misery as the
petitioner is unable to enter Delhi and earn the livelihood.
8. That the police is purposely delaying the investigation and is not
submitting the charge sheet in order to harass the petitioner.
9. That the investigation is virtually complete and the condition of bail
is operating harshly against the petitioner.
10. That the present petition has been moved bona fide and in the interest
of justice.
PRAYER:
It is therefore respectfully prayed that this Hon’ble Court may graciously
be pleased to set aside and/or modify the conditions of bail imposed by
the learned Sessions Judge vide his order dt. ........................... in Case
No.........................................
Such other order or orders as this Hon’ble Court deem fit and proper may
also be passed in favour of the petitioner.
And the petitioner, as in duty bound, shall ever pray.
Petitioner
New Delhi Through
Dated : 1.3.2005 Counsel
Note :
1. An affidavit is required to be filed alongwith the bail petition in the High
court. Alternatively, the bail petition may be sworned. Kindly check the
exact High Court rules of the concerned High court.Part III : Criminal Law
Administration System 271
9. Application under Section 444 Cr.P.C. by a surety for his discharge
IN THE COURT OF SHRI ................................, METROPOLITAN
MAGISTRATE, DELHI
In the matter of :
M/s Ram Bilas & co.
—— address —— ......................................Complainant
versus
Shyam Sunder
S/o. ........................................
R/o. ........................................ ........................................Accused
APPLICATION UNDER SECTION 444 Cr.P.C. ON BEHALF OF
THE SURETY SHRI. ............................... SON OF ...................................
FOR DISCHARGE FROM SURETYSHIP
The humble petition of the abovenamed surety for the accused in the
above case
Most respectfully showeth:
1. That in the above case, this Hon’ble Court was pleased to order release
of the accused on his furnishing bail to the extent of Rs.2000/- with
one surety of the like amount.
2. That the applicant herein executed a surety bond for the said sum for
the production of the accused before this Hon’ble Court on the date
fixed for the trial. The accused had promised the applicant that he
would diligently appear before the court on each date of hearing.
3. That off late, the accused has started disregarding the applicant. The
applicant is realizing that he is losing control over the accused. In
such a situation, the applicant may find it difficult to ensure that the
accused appears before the Court on the date fixed.
4. That the applicant has much to fear if the accused does not prove as
good as his promise and fail to appear before this Hon’ble Court on
the date fixed for the hearing of the case.
5. That the accused is present in the court and the applicant begs leave
to surrender him.272 Courts, Police, Authorities & Common Man
PRAYER:
It is therefore respectfully prayed that the applicant may kindly be released
from the suretyship and all obligations arising thereunder.
It is prayed accordingly.
Applicant
Delhi Through
Dated : 1.3.2005 Counsel
Note :
1. Suretyship is a sort of contract between the surety and the State whereby the
surety takes the custody of the accused and undertakes to produce the accused
before the court on each date of hearing. If the surety fails to perform his
part, then the surety bond executed by him is forfeited and he is called upon
to pay the amount specified in the surety bond.
2. It is open to the surety to apply for his discharge at any time before the
condition of the bond has been broken. If the surety produces the accused
before the Magistrate and requests for discharge from suretyship, the
Magistrate has no option but to discharge him from suretyship without
reference to or hearing the accused.
3. If the surety is not in a position to produce the accused, then the Magistrate
first issue warrant of arrest against the accused before discharging the surety.
If the accused is brought under arrest or appears in obedience to such warrant,
the surety’s request is allowed and he is discharged. If the accused furnish
fresh surety, then the order of bail remains. If the accused is unable to furnish
fresh surety, then his bail is cancelled and his bail bond is forfeited and is
asked to pay the amount mentioned in his bail bond.Part III : Criminal Law
Administration System 273
10. Application by surety for waiving of the penalty imposed by the
court on forfeiture of surety bond for non-appearance of the accused
on the date fixed ( section 446 Cr.P.C.)
IN THE COURT OF SHRI..................................., METROPOLITAN
MAGISTRATE, DELHI
In the matter of :
M/s Ram Bilas & co.
—— address — ........................................Complainant
versus
Shyam Sunder
S/o. ........................................
R/o. ........................................ ........................................Accused
APPLICATION UNDER SECTION 446 Cr.P.C. ON BEHALF OF
THE SURETY SHRI..................................... SON OF
FOR REMISSION/WAIVER OF THE .....................................
PENALTY IMPOSED ON FORFEITURE OF SURETY BOND FOR
NON-APPEARANCE OFTHE ACCUSED ON.....................................
The humble petition of the abovenamed surety for the accused in the
above case
Most respectfully showeth:
1. That in the above case, this Hon’ble Court was pleased to order release
of the accused on his furnishing bail to the extent of Rs.2000/- with
one surety of the like amount.
2. That the applicant herein stood surety for the accused and executed a
bond for Rs.2000/- for the appearance of the accused in Court on
………
3. That the accused could not appear in the Court on the said date fixed
as he suddenly fell ill due to the viral fever.
4. That due to non-appearance of the accused on the said day, the Hon’ble
Court was pleased to forfeit the surety bond and direct the applicant
to pay Rs.2000/- to the Government as penalty.
5. That the accused this day has come to the Court with a medical274 Courts, Police,
Authorities & Common Man
certificate from Dr. …….. of the …………. Hospital to show that the
accused really fell ill on the date fixed for his appearance in the Court.
6. That the non-appearance of the accused on the said day was neither
intentional nor willful but for the extra ordinary circumstances
explained above.
PRAYER:
It is therefore respectfully prayed that the order of forfeiture of the bond
executed by the applicant may kindly be recalled and the penalty
imposed may kindly be remitted/waived.
It is prayed accordingly.
Applicant
Delhi Through
Dated : 1.3.2005 Counsel
Note :
1. The Court on being satisfied that the bond has been contravened can pass the
order of forfeiture of the surety bond. Before forfeiting the bond, no show
cause notice is required to be issued.
2. After forfeiting the bond, the court has to issue a show cause notice to the
surety asking the surety to pay the penalty ( max. penalty is the amount
specified in surety bond) or to show cause as to why he should not pay the
penalty. No order of penalty can be passed under S.446(1) before issueing
such a notice.
3. If the surety satisfactorily explains the reason for non-appearance of the
accused, then in spite of forfeiture of the bond the court may remit the whole
amount of penalty.
4. The fact that the surety is poor and that the accused had subsequently been
arrested may be a good ground for remitting part of the penalty.Part III : Criminal Law
Administration System 275
11. Application for depositing the money instead of furnishing surety
( Section 445 Cr.P.C.)
IN THE COURT OF SHRI..................................., METROPOLITAN
MAGISTRATE, DELHI
In the matter of :
Ram Gopal Verma
S/o. Shri .................................
R/o. ........................................ .......................................Complainant
versus
Sumit Guleri
S/o. Shri .................................
R/o. ........................................ ........................................Accused
APPLICATION UNDER SECTION 445 Cr.P.C. ON BEHALF OF
THE ACCUSED FOR PERMISSION TO DEPOSIT MONEY
INSTEAD OF FURNISHING SURETY BOND
The humble petition of the abovenamed accused in the above case
Most respectfully showeth:
1. That in the above case, this Hon’ble Court vide order dated....................
has been pleased to order release of the accused on his furnishing
bail bond of Rs.5000/- with two sureties for the like amount, for
appearance of the accused on the next day of hearing, that is,
on............................
2. That the accused is not in a position to furnish the sureties (here give
reasons. One of the reasons can be that the accused is resident of
other State. The other reasons may be that he is a foreigner)
3. That the applicant, instead of executing a bond with sureties, prays
for pe rmi s s ion to depos i t Rs .15,000/ - in Cour t and give s an
undertaking for his appearance in the Court on the date fixed.
4. That the applicant accused further agrees that the same amount will
be forfeited to the Government in case the applicant fails to appear in
the aforesaid date without sufficient cause.
PRAYER:
It is therefore respectfully prayed that the Hon’ble court may kindly be
pleased to permit the accused to deposit Rs.15,000/- in lieu of the executing
the bail bond with sureties.
It is prayed accordingly.276 Courts, Police, Authorities & Common Man
Applicant
Delhi Through
Dated : 1.3.2005 Counsel
Note :
1. Section 445 is an enabling provision. It enables a prisoner, who is not likely
to abscond and who at the same time can not find surety to be bailed out, to
deposit cash amount ( or Govt. promissory notes of such amount as the
court or SHO of police station may fix) in lieu of executing bail bond.Part III : Criminal
Law Administration System 277
12. Application under Section 389 Cr.P.C. moved before the Appellate
Court for suspension of sentence and for release of appellant on bail
pending the appeal, in case where the appellant has been convicted
by the trial court
In the Court of the Sessions Judge at Alipore, 24 Parganas, West Bengal
Appeal No. of 2005
In the matter of :
State versus Subrata Roy
S/o. Shri .................................
R/o. ........................................
APPLICATION UNDER SECTION 389 Cr.P.C. FOR RELEASE ON
BAIL DURING THE PENDENCY OF THE APPEAL
The humble petition of the accused in the above case
Most respectfully showeth:
1. That the applicant/petitioner was convicted by the Sub-Divisional
Judicial Magistrate of.................................... under Section 379 IPC
on ............................... and sentenced to under three months Rigorous
imprisonment.
2. That the applicant has filed the accompanying appeal against the said
order of conviction and sentence, which is pending adjudication before
this Hon’ble Court. The contents of the said appeal may kindly be
read as part and parcel of this application for the sake of brevity and
to avoid repetition.
3. That the watch alleged to be stolen by the applicant from the
complainant’s showroom was purchased by him from another
shopkeeper on ..................................... for Rs.1000/-. This fact was
proved by no less than five witnesses.
4. That the applicant was a bona fide purchaser of the said watch for
value and had no knowledge or even suspicion that the watch was a
stolen property.
5. That the petitioner has already served one month in the jail.
6. That the petitioner is a senior citizen aged 65 years. The petitioner is
suffering from several serious ailments.278 Courts, Police, Authorities & Common Man
7. That no purpose would be served in keeping the applicant in jail.
8. That the petitioner is a respectable person having deep roots in the
society. He has his own business of ................................. under the
name and style of ..................................... and is an income tax payer.
He is associated with may social and public welfare organizations in
various capacities. ( give names and description).
9. That the petitioner is a permanent resident of Alipore and carries on
business here. There is no possibility of his escaping or absconding,
pending the disposal of the appeal.
10. That the petitioner undertakes to abide by all the terms and conditions
that may be imposed upon him by this Hon’ble Court.
PRAYER:
It is, therefore, respectfully prayed that the Hon’ble court may kindly be
pleased to grant ad interim bail to the applicant pending the disposal of
the appeal.
Applicant
Alipore Through
Dated : 1.3.2005 Counsel
Note :
1. The appellate court may order release of the accused on bail pending hearing
of the appeal.
2. When the situation is such that the accused person is likely to serve out the
full or substantial part of his sentence before his appeal could be heard and
disposed, bail is ordinarily granted.
3. The trial court can also grant bail under S.389(2) to the convicted person
who intends to prefer an appeal. This can be granted (i) if he was on bail
during trial and had been sentenced to imprisonment not exceeding 3 years
or (ii) the offence of which such person is convicted is bailable and he was
on bail.Part III : Criminal Law Administration System 279
13. Application for returning articles seized from accused applicant
at the time of his arrest under Section 51 Cr.P.C.
IN THE COURT OF SHRI . . . . . . . . . . . . . . . . . . . . . . . . . , METROPOLITAN
MAGISTRATE, NEW DELHI
In the matter of :
Vinod Khanna
S/o. ........................................
R/o. ........................................ .......................................Complainant
versus
Anupam Kapadia
S/o. ........................................
R/o. ........................................ ........................................Accused
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION FOR RETURNING .................................... FOUND
ON THE PERSON OF THE APPLICANT/ACCUSED AT THE
TIME OF HIS ARREST
The humble petition of the abovenamed accused in the above case
Most respectfully showeth:
1. That in the above case, the applicant/accused was arrested by the
police officer of police station ............................ on ..............................
2. That the applicant was arrested under a warrant which did not provide
for taking of bail. The person of the accused was searched and a sum
of Rs.3000/- and a mobile phone and his purse containing two credit
cards ( give details) found on his personal search was taken in custody
by the said police officer.
3. That on ..........., this Hon’ble Court was pleased to acquit the applicant.
PRAYER:
It is therefore respectfully prayed that the Hon’ble Court may kindly be
pleased to pass necessary order directing the SHO of the police station
………….. to return the said articles to the applicant/accused.
It is prayed accordingly.
Applicant
New Delhi Through
Dated : 1.3.2005 Counsel280 Courts, Police, Authorities & Common Man
14. Application for return of property after the conclusion of the
trial ( Section 452 Cr.P.C.)
IN THE COURT OF SHRI.................................., METROPOLITAN
MAGISTRATE, DELHI
In the matter of :
State
Complainant........................................
versus
Raju Karmakar
S/o. ........................................
R/o. ........................................ ........................................Accused
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION UNDER SECTION 452 Cr.P.C. ON BEHALF OF
THE PETITIONER...................... S/o.......................r/o.............................
FOR RESTORATION/RETURN OF PROPERTY
The humble petition of the abovenamed petitioner
Most respectfully showeth:
1. That the articles mentioned in annexure ‘A’ of this petition and other
articles were stolen from the house of the petitioner on .........................
The petitioner had lodged complaint regarding the same on the same
day at police station ......................... On the said complaint, FIR No.
.under Sections ......................... was registered .........................
2. That during investigation and search by the police, the said articles
were recovered from the house of the accused Shri .........................
on .........................
3. That the accused was put to trial and ultimately, vide order and
judgment dated ………, this Hon’ble Court convicted the accused.
The Hon’ble court held in the said judgment that the articles mentioned
in Annexure ‘A’ herein were stolen from the house of the petitioner.Part III : Criminal
Law Administration System 281
PRAYER:
It is therefore respectfully prayed that the Hon’ble court may kindly be
pleased to direct the police to return the articles mentioned in Annexure
‘A’ to the petitioner.
It is prayed accordingly.
Petitioner
Delhi Through
Dated : 1.3.2005 Counsel
Another situation :
APPLICATION UNDER SECTION 452 Cr.P.C. ON BEHALF OF
THE ACCUSED FOR RESTORATION/RETURN OF PROPERTY
The humble petition of the accused in the above case
Most respectfully showeth:
1. That the articles mentioned in annexure ‘A’ of this petition were seized
by the police in connection with this case during investigation
on............................... from the residence of the accused/applicant.
2. That the applicant during the seizure claimed the said articles to be
his own. In defence also, the applicant claimed the said articles to be
his own.
3. That the complainant Mr......................................, on his complaint
this case was registered, had previous enemity with the applicant
and out of grudge, he falsely claimed the said articles to be his.
4. That vide order and judgment dated..........................., this Hon’ble
Court acquitted the applicant
3. That the accused was put to trial and ultimately, vide order and
judgment dated........................, this Hon’ble Court convicted the
accused. The Hon’ble court held in the said judgment that the articles
mentioned in Annexure ‘A’ herein were stolen from the house of the
petitioner.282 Courts, Police, Authorities & Common Man
15. Application for payment of money involved in offence to the
innocent purchaser (section 453 Cr.P.C.)
IN THE COURT OF SHRI.................................., METROPOLITAN
MAGISTRATE, DELHI
In the matter of :
State versus Mihir Virani
S/o. .............................
R/o. ............................
FIR No.....................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION UNDER SECTION 453 Cr.P.C. ON BEHALF OF
THE PETITIONER ................................ S/o ................................ r/o
FOR RETURN OF AMOUNT PAID BY THE ................................
PETITIONER TO THE ACCUSED
The humble petition of the abovenamed petitioner
Most respectfully showeth:
1. That in connection with the investigation of the above noted case, the
p o l i c e s e i z e d a m a r u t i z e n c a r, h a v i n g r e g i s t r a t i o n n o .
from the petitioner on ......................from his ................................
residence.
2. That the said car was genuinely and bonafidely purchased by the
petitioner from Shri................................, who is the accused in this
case. The petitioner was not aware that the said car is stolen property.
The petitioner had purchased the said car on ................................ from
the accused for Rs.two lakhs.
3. That the accused was arrested on ................................ on charges of
theft and receiving stolen property and a sum of Rs.3 lakhs was
recovered and seized by the police from his possession.
4. That the accused has been convicted by this Hon’ble Court vide its
judgment and order dated................................ and the said car hasPart III : Criminal Law
Administration System 283
been returned to its owner Shri ................................ vide order dated
.passed by this Hon’ble Court ................................
PRAYER:
It is therefore respectfully prayed that the Hon’ble court may kindly be
pleased to order that a sum of Rs. 2 lakhs be delivered to the petitioner
from out of Rs. 3 lakhs recovered from the accused.
It is prayed accordingly.
Petitioner
Delhi Through
Dated : 1.3.2005 Counsel284 Courts, Police, Authorities & Common Man
16. Application for return of original documents after the disposal
of the case
IN THE COURT OF SHRI..............................., METROPOLITAN
MAGISTRATE, DELHI
In the matter of :
State versus Deepak Ansal
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION ON BEHALF OF Shri......................................
S/o................................ R/o................................ FOR RETURN OF
ORIGINAL DOCUMENTS FILED HIM IN THIS CASE AS
WITNESS ( OR AS ACCUSED OR AS COMPLAINANT, AS THE
CASE MAY BE)
Most respectfully showeth:
1. That the applicant had submitted/filed, in the abovenoted case,
documents in original, the details whereof are given in the Annexure
A to this application.
2. That this case has been disposed off by this Hon’ble Court vide order
and judgment dated...........................
3. That the said documents include the academic certificates of the
applicant which he urgently need in connection with .............................
The original documents also include the title deeds of applicant’s
property which he urgently require for................................
PRAYER:
It is therefore respectfully prayed that the original documents, as mentioned
in Annexure A, may kindly be ordered to be returned to the applicant.
It is prayed accordingly.
Petitioner
Delhi Through
Dated : 1.3.2005 CounselPart III : Criminal Law Administration System 285
17. Application for restoration of possession of immovable property
(Section 456Cr.P.C.)
IN THE COURT OF SHRI.................................., METROPOLITAN
MAGISTRATE, DELHI
In the matter of :
State versus Ramesh Taurani
S/o. .............................
R/o. ............................
FIR No.........................................
Under Sections ........................of
Act..............................................
Police Station : ............................
APPLICATION UNDER SECTION 456 Cr.P.C. FOR RESTORING
POSSESSION OF PROPERTY BEARING NO...................................
TO THE APPLICANT/COMPLAINANT
The humble petition of the abovenamed petitioner
Most respectfully showeth:
1. That the applicant/complainant filed a complaint against the accused
for forcible dispossession of applicant from applicant’s property
bearing no...........................by the accused on....................................
2. That vide order and judgment dated ........................... passed by this
Hon’ble Court, the accused has been convicted of an offence attended
by criminal force or show of force or by criminal intimidation. By
such force or show of force or intimidation, the applicant was
dispossessed of his said immoveable property (mention pnly the
relevant case).
3. That the present application has been filed within 1 month from the
date of the order of conviction.
PRAYER:
It is therefore respectfully prayed that the Hon’ble court may kindly be
pleased to pass order for restoration of possession of the property
no.........……………. to the applicant, in the interests of justice.
It is prayed accordingly.
Applicant
Delhi Through
Dated : 1.3.2005 Counsel286 Courts, Police, Authorities & Common Man
18. Application by the accused for personal exemption (sec.205)
IN THE COURT OF SHRI …………............., METROPOLITAN
MAGISTRATE, NEW DELHI
Complaint Case No. of 2005
In the matter of :
Laloo Kumar Yadav
S/o. ........................................
R/o. ........................................ ....................................Complainant
versus
John Fernandes
S/o. ........................................
R/o. ........................................ ........................................Accused
APPLICATION BYTHE ACCUSED UNDER SECTION 205 Cr.P.C.
FOR PERSONAL EXEMPTION FROM APPEARANCE
The humble petition of the abovenamed accused in the above case
Most respectfully showeth:
1. That the summon was issued to the accused/applicant on the said
complaint and the applicant has entered appearance this day in
obedience to the said summons through his advocate
Shri............................................
2. That the allegations in the complaint are totally false and the applicant
has been falsely impleaded/implicated out of grudge.
3. That the applicant is suffering from various serious ailments and has
been advised medically to restrict his movements. A medical certificate
from the doctor attending upon the applicant is annexed herewith.
(here, give the details of the diseases/ailments, past history, etc. If
applicant is old person, mention this also.)
4. That Shri............................................ advocate would be present in
the Court on applicant’s behalf on all the hearings of this case.
5. That the applicant undertakes to appear in the court in person whenever
he will be called upon by this Hon’ble Court.Part III : Criminal Law Administration
System 287
PRAYER:
It is therefore respectfully prayed that the Hon’ble Court may kindly be
pleased to exempt the applicant accused from appearing in the court in
person at subsequent hearings and he may be permitted to appear through
his advocate abovenamed, in the interests of justice.
It is prayed accordingly.
Applicant
New Delhi Through
Dated : 1.3.2005 Counsel288 Courts, Police, Authorities & Common Man
19. Application to Magistrate Court for withdrawal of criminal
complaint ( Section 257 Cr.P.C.)
IN THE COURT OF SHRI..........................................., METROPOLITAN
MAGISTRATE, NEW DELHI
Complaint Case No.of 2005
In the matter of :
Ravi Kapoor
S/o. ........................................
R/o. ........................................ ....................................Complainant
versus
Sanjay Kapoor
S/o. ........................................
R/o. ........................................ ........................................Accused
APPLICATION UNDER SECTION 257 Cr.P.C. ON BEHALF OF
THE COMPLAINANT FOR WITHDRAWAL OFTHE COMPLAINT
The humble petition of the complainant in the above case
Most respectfully showeth:
1. That the applicant/complainant had filed the above complaint against
the accused and the same is pending adjudication before this Hon’ble
Court. The evidence is to be recorded in this case.
2. That the accused is the ………......................… ( here, state the
relation) of the applicant. The friends and relations of the parties
intervened and brough about an amicable settlement of the case
between the parties.
3. That in these circumstances, the applicant does not want to proceed
with the complaint. Infact, no purpose would be served by pursuing
this complaint any further as the dispute stands settled.
PRAYER:
It is therefore respectfully prayed that the Hon’ble Court may kindly be pleased
to allow the applicant to withdraw the complaint and acquit the accused.
It is prayed accordingly.
Applicant
New Delhi Through
Dated : 1.3.2005 CounselPart III : Criminal Law Administration System 289
20. Petition under Section 407 Cr.P.C. to High Court for transfer
of case from one subordinate court to any other subordinate court
In the High Court of Delhi at New Delhi
(Criminal Miscellaneous Jurisdiction)
Crl. Misc.(Main) No.                                   of 2005
In the matter of :
Dinesh Basu ........................................Petitioner
Versus
Deepak Bajaj & others ........................................Respondent
APPLICATION UNDER SECTION 407 Cr.P.C. FOR TRANSFER
OF CASE NO..................................... PENDING IN THE COURT
OF............................................. TO THE COURT OF SOME OTHER
MAGISTRATE
To,
Hon’ble The Chief Justice and his companion Justices of the Delhi High
Court,
The humble petition of the petitioner abovenamed
Most Respectfully showeth:
1. That the complainant/respondent got registered a false case against
the petitioner/accused under Section ........................................ on the
allegation that ........................................
2. That the said case is pending before Shri ............................................,
Judicial Magistrate First Class for more than six months but the
learned Magistrate is not trying to expedite the hearing of the case
and is allowing frequent adjournments to the opposite party on flimsy
grounds.
3. That the petitioner has come to know and is satisfied on enquiry that
the said Magistrate and the complainant are on friendly terms and
that the Magistrate had attended the marriage of complainant’s brother
2-3 months back.
4. That on the last hearing of the case on ........................................, the
learned Magistrate stated in the open Court that the petitioner was a290 Courts, Police,
Authorities & Common Man
man of violent temper and loose character and that he had heard
complaints against him from the people of the locality.
5. That the learned Magistrate first released the petitioner on a bail of
Rs.10,000/- but on subsequent date, he directed the petitioner to
furnish security of Rs. 1 lakh for his appearence in the court.
6. That the petitioner filed application under section 408 Cr.P.C. before
the Sessions Judge for transfer of the case, but the learned Sessions
J u d g e d i smi s s e d t h e s a i d a p p l i c a t i o n v i d e h i s o r d e r d a t e d
........................................
7. That being aggrieved by the aforesaid order of the Sessions Judge,
the petitioner prays for transfer of the case on the following amongst
other grounds :
GROUNDS :
A. Because under the circumstances of the case, the learned Sessions
Judge should have transferred the case to the court of some other
competent magistrate for trial.
B. Because there is a reasonable apprehension in the mind of the
petitioner that he will not get a fair and impartial trial if the case is
tried by the aforesaid Magistrate Shri .................................
C. Because ........................................
8. That the present petition has been moved bona fide and in the interest
of justice.
PRAYER:
It is therefore respectfully prayed that this Hon’ble Court may graciously
be pleased to call for the records of the case and order for transfer of the
case no. ........................................ from the court of S
hri
.to the court of some other competent magistrate ........................................
And the petitioner, as in duty bound, shall ever pray.
Petitioner
New Delhi Through
Dated : 1.3.2005 CounselPart III : Criminal Law Administration System 291
21. Application under Section 94 Cr.P.C. for searching a particular
place where stolen properties are supposed to have been kept
I N T H E C O U RT O F S H R I … … … … . , M E T R O P O L I TA N
MAGISTRATE, DELHI
In the matter of :
State versus Shyam Lal Bajpai
State : ……………......
Dated : …………….....
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION UNDER SECTION 94 Cr.P.C. FOR SEARCH OF
PREMISES/PROPERTY BEARING NO. . . . . . . . . . . . . . . . . . . . . . . . . . . .….
WHERE STOLEN ARTICLES ARE SUSPECTED TO HAVE BEEN
KEPT
Most respectfully showeth:
1. That the applicant/complainant filed a complaint for which a case
against the accused was registered for theft of certain articles from
applicant’s house and this Hon’ble Court was pleased to issue warrant
of arrest against the accused.
2. That the accused was a domestic servant of the applicant. Taking
advantage of the absence of the applicant and his family
on.......................... as they had gone out on a picnic, the accused
committed theft in the house and ran away with precious jewellery
worth more than Rs.10 lakh and cash of Rs.5 lakh. So far, the accused
has neither produced the articles nor could these be found at the
place where he was arrested.
3. That the applicant has come to know that the accused and his
accomplices used to meet at house no.......................... belonging to
one Shri.............................................. and it is believed that a search
of that house will lead to the recovery of some of the articles stolen
by the accused.292 Courts, Police, Authorities & Common Man
PRAYER:
It is therefore respectfully prayed that the Hon’ble court may kindly be
pleased to issue a search warrant directing the local police to search the
aforesaid house for the recovery of the stolen articles that may be found
there, in the interests of justice.
It is prayed accordingly.
Applicant
Delhi Through
Dated : 1.3.2005 CounselPart III : Criminal Law Administration System 293
22. Application by an accused at the time of surrendering in the Court
IN THE COURT OF SHRI ……….................., METROPOLITAN
MAGISTRATE, NEW DELHI
Complaint Case No. of 2005
In the matter of :
Sanjay Kumar
S/o Shri ………...................
R/o ……………................... ........................................Complainant
versus
Rajiv Singh
S/o. ........................................
R/o. ........................................ ........................................Accused
A P P L I C AT I O N O N B E H A L F OF T H E A C C U S E D F O R
SURRENDER AND FOR CANCELLATION OF WARRANT
Most respectfully showeth:
1. That a non-bailable warrant was issued by this Hon’ble court for
arresting the applicant as an accused in the aforesaid case. The said
warrant has not yet been executed. The applicant came to know about
the same from his neighbour.
2. That the summons issued earlier in this case could not be personally
served upon the applicant as on the relevant date i.e. on …………,
the applicant had to suddenly go to Mumbai to see his ailing father.
The copy of applicant’s air ticket of said date and copy of medical
paper of his father are annexd herewith.
3. That the complainant maliciously represented this Hon’ble Court
that the applicant was deliberately avoiding the service of summons,
which led the Hon’ble Court to issue warrants against the applicant.
4. That the absence of the applicant on the said date was neither
intentional nor willful but for the bonafide reasons stated above.
5. That the applicant surrenders himself in the court today and prays
that he may be released on proper bail and that the warrant of arrest
issued against him may be recalled/withdrawn.294 Courts, Police, Authorities & Common
Man
PRAYER:
It is therefore respectfully prayed that the Hon’ble Court may kindly be
pleased to recall/cancel the arrest warrant and release the applicant on
regular bail.
It is prayed accordingly.
Applicant
New Delhi Through
Dated : 1.3.2005 CounselPart III : Criminal Law Administration System 295
23. Application for release of the applicant ( convicted by the court)
on probation ( Section 360 Cr.P.C.)
IN THE COURT OF SHRI ....................…………., METROPOLITAN
MAGISTRATE, DELHI
In the matter of :
State versus Ram Lal Tiwari
S/o. ........................................
R/o. ........................................
FIR No.........................................
Under Sections ........................of
Act ...............................................
Police Station : ............................
APPLICATION UNDER SECTION 360 FOR RELEASE OF THE
APPLICANT ON PROBATION
Most respectfully showeth:
1. That the applicant/accused was accused of and has been convicted
for the offence of theft of Rs.400/- from the galla of the complainant
shopkeeper.
2. That the accused is a young boy of 18 years and is studying in Ramjas
College of Delhi University. The applicant is the son of a teacher
who has since died.
3. That the applicant works part time in the factory of the complainant
and is the only earning member of his family comprising his ailing
mother and two younger sisters. On the fateful day i.e.
on….........................................., the mother of the applicant suffered
a stroke and was hospitalized. Money was needed for immediate
treatment of his mother but unfortunately, on the said day, he did not
have any money. He requested his immediate neighbour to give him
some money but refused. In these circumstances, he was compelled
by circumstances to steal Rs.400/- from the galla of his employer/
complainant.
4. That the petitioner is a very bright student and has always stood first
in his class. He bears a good moral character and has won awards in296 Courts, Police,
Authorities & Common Man
school at state level. The applicant is a victim of his poverty.
PRAYER:
It is therefore respectfully prayed that having regard to the applicant’s
character, age, antecedents and the circumstances in which the offence
was committed, the Hon’ble court may kindly be pleased direct his release
on his entering into a bond with or without sureties to appear and receive
sentence, if necessary, within a period to be fixed, and in the mean time to
be of good character.
It is prayed accordingly.
Applicant
Delhi Through
Dated : 1.3.2005 CounselP

				
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