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INTRODUCTION

Plaints are drafted on behalf to victim or person filling the case by the representing
lawyer. Plaint points out what is the relief which the plaintiff is seeking from the court,
where the case is being filed. The Plaint has got 8 parts: 1. Cause Title 2. Statements
showing cause of action 3. Particular date of cause of action Statement about Jurisdiction
4. Relief or Prayer 5. Valuation of Statement 6. Schedule in the Case of Immovable
Property 7. Verification.

Bail is money or some form of property that is deposited or pledged to a court by

a suspect, in return for the release from custody or pre-trial detention. If the suspect does
not return to court, the bail is forfeited, and the suspect may possibly be brought up on
charges of the crime of failure to appear. If the suspect returns to make all their required
appearances, bail is returned after the trial is concluded. In some cases, bail money may
be returned at the end of the trial, if all court appearances are made, regardless of
whether the person is found guilty or not guilty of the crime accused.

The object of arrest and detention of the accused person is primarily to secure his
appearance at the time of trial and to ensure that in case he is found guilty he is available
to receive the sentence. If his presence at the trial could be reasonably ensured otherwise
than by his arrest and detention, it would be unjust and unfair to deprive the accused of
his liberty during the pendency of the criminal proceedings against him. The provisions
regarding the release of the accused person on bail are aimed at ensuring the presence of
accused at his trial but without unreasonably and unjustifiably interfering with his
liberty. There is no definition of bail in the Code, although the terms “bailable offence”
and “non-bailable offence” have been defined. (sec. 2(a))1

“Bail” has been defined in the Law Lexicon as security for the appearance of the accused
person on giving which he is released pending trial or investigation. Govind Prasad v.
State of West Bengal2.

1
The Code of Criminal Procedure, 1973
2
1975 CriLJ 1249
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OBJECTIVES

 To study about the concept of bail under section 439 of CrPC.

 To understand the format of the plaint.
 To draft a plaint for a bail application from the petitioner.

RESEARCH METHODOLOGY

This project is descriptive, analytical and doctrinal in approach. It is largely based

on secondary sources. Books and other references are primarily helpful for the
completion of this project.

For the present project relevant data and information has been received and collected
from secondary sources and there has been use of authentic books and websites which
provided reliable information and data.
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WHAT IS A PLAINT?

Plaint is written statement of plaintiff’s claim. Through plaint, plaintiff describes his
cause of action and other necessary particulars to seek remedy from court for redressed
of his grievances. In English practice, a private memorial tendered in open court to the
judge, where the party injured sets forth his cause of action. Origin of word can be traced
in Plaint Middle English, basically from Old French plainte, feminine past participle of
plaindre ‘complain’, or from Old French plaint, from Latin planctus ‘beating of the
breast’.

While drafting a Pliant/Written Statement, a few Sections of the Code of Civil

Procedure, 1908 (Act No. V of 1908) and orders should be kept in mind:

Section 15: Courts in which suits to be instituted

Section 16: Suits to be instituted where subject-matter situate
Section 17: for immovable property situate within jurisdiction of different Courts
Section 18: of institution of suit where local limits of jurisdiction of Courts are uncertain
Section 19: Suits for compensation for wrongs to person or movables
Section 20: Other suits to be instituted where defendants arise or cause of action arises
Section 26: Institution of suits
Order 1: Parties to Suits
Order 2: Frame of Suit
Order 3: Recognized Agents and Pleaders
Order 4: Institution of Suit
Order 6: Pleadings Generally
Order 7: Plaint
Order 8: Written Statement and Set-Off

Both the purpose of the legal document and the context needs to be considered while
drafting the plaint. Care is needed when drafting legal documents as they often create or
impose legal rights and obligations. The primary purpose in drafting a legal agreement is
of course to carry out the client’s instructions. The rights and obligations set out in the
agreement should be expressed as clearly and unambiguously as possible. The starting
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point is to obtain clear instructions so that you know what the client is trying to achieve.
Then consider the context of the transaction and the effect of relevant law. Finally
consider the context of the document that you are drafting whether it forms part of a
series of documents, whether it must be in ‘house style’ or in a prescribed form. Lawyers
use different techniques when approaching the drafting of a formal legal agreement.

Essentials of a Plaint

Pleading refers to plaint and written statement. In plaint, plaintiff should allege facts
about his cause of action. In fact, plaint consists of some contents, and it is mandatory
that such contents should be present in plaint. Order 7 Rule 1 of CPC lays down that a
plaint must contain the following particulars;-

1. Plaint should contain name of that court in which suit is brought.

2. Plaint should contain name, description and residence of plaintiff.
3. Plaint should contain name, description and residence of defendant.
4. When plaintiff or defendant is minor or person of unsound mind, plaint should contain
a statement to that effect.
5. Plaint should contain those facts, which have constituted cause of action. In addition to
this, it should also be described in plaint when cause of action has arisen.
6. Plaint should contain those facts, which show the court has jurisdiction.
7. Plaint should contain that relief, which plaintiff claims.
8. When plaintiff has allowed set off or has relinquished a portion of his claim, plaint
should contain that amount, which has been so allowed or so relinquished.
9. Plaint should contain statement of value of subject-matter of suit not only for purpose
of jurisdiction, but also for purpose of court-fees.
10. Plaint should contain plaintiff’s verification on oath.
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BAIL UNDER THE CODE OF CRIMINAL PROCEDURE, 1973

The Code of Criminal Procedure, 1973 contains elaborate provisions relating to bails.
Section 436 provides for the release on bail of a person accused of a bailable offence.

436. In what cases bail to be taken.

(1) When any person other than a person accused of a non- bailable offence is arrested or
detained without warrant by an officer in charge of a police station, or appears or is
brought before a Court, and is prepared at any time while in the custody of such officer
or at any stage of the proceeding before such Court to give bail, such person shall be
released on bail: Provided that such officer or Court, if he or it thinks fit, may, instead of
taking bail from such person, discharge him on his executing a bond without sureties for
his appearance as hereinafter provided: Provided further that nothing in this section shall
be deemed to affect the provisions of sub- section (3) of section 116 or section 446A.

(2) Notwithstanding anything contained in sub- section (1), where a person has failed to
comply with the conditions of the bail- bond as regards the time and place of attendance,
the Court may refuse to release him on bail, when on a subsequent occasion in the same
case he appears before the Court or is brought in custody and any such refusal shall be
without prejudice to the powers of the Court to call upon any person bound by such bond
to pay the penalty thereof under section 446.

However, by Criminal Procedure (Amendment) Act, 2005 sub-section (1) Section 436
was amended to make a mandatory provision that if the arrested person is accused of a
bailable offense is an indigent and cannot furnish surety, the courts shall release him on
his execution of a bond without sureties. Legislature by Criminal Procedure
(Amendment) Act, 2005 inserted Section 436A which lays down the maximum period
for which an under trial prisoner can be detained.
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Bail in case of non-bailable offence –

Provisions as to bail in case of non-bailable offence, is laid down in Section 437 of the
code. This section gives the Court or a police officer power to release an accused on bail
in a non-bailable case, unless there appear reasonable grounds that the accused has been
guilty of an offence punishable with death or with imprisonment for life. But (1) a person
under the age of sixteen years (2) a woman; or (3) a sick or infirm person may be
released on bail even if the offence charged is punishable with death or imprisonment for
life. Where a person is charged with a non-bailable offence, but it appears in the course
of the trial that he is not guilty of such offence, he can be immediately released on bail
pending further inquiry.

The same may be done after the conclusion of a trial and before judgment is pronounced,
if the person is believed not to be guilty of a non-bailable offence. As a safeguard, the
section provides for review of the order by the Court which has released the person on
bail. The power of the Magistrate under this section cannot be treated at par with the
powers of the Sessions Court and the High Court under Section 439.

439. Special powers of High Court or Court of Session regarding bail.

(1) A High Court or Court of Session may direct-

(a) that any person accused of an offence and in custody be released on bail, and if the
offence is of the nature specified in subsection (3) of section 437, may impose any
condition which it considers necessary for the purposes mentioned in that sub- section;

(b) that any condition imposed by a Magistrate when releasing an person on bail be set
aside or modified: Provided that the High Court or the Court of Session shall, before
granting bail to a person who is accused of an offence which is triable exclusively by the
Court of Session or which, though not so triable, is punishable with imprisonment for
life, give notice of the application for bail to the Public Prosecutor unless it is, for
reasons to be recorded in writing, of opinion that it is not practicable to give such notice.

(2) A High Court or Court of Session may direct that any person who has been released
on bail under this Chapter be arrested and commit him to custody.
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FACTS

In the hypothetical case taken by the project maker, Mr. Gagan Singh, came under an
agreement with Mr. Jaspal Singh for exchanging of their cars, dated 23-4-2009, in
addition with it has been agreed by the parties that Mr. Gagan Singh is to pay an
additional amount of Rs. 37,000, out of which Rs. 5,000 was to be paid on the spot, and
Rs. 5,000 to be paid at a later date. The remaining money has to be paid later in monthly
instalments of Rs. 2,000.

The problem relating to the agreement which led to the jail of Mr. Gagan Singh has led
to the filing of a bail application.
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IN THE HIGH COURT OF DELHI

BAIL APPLICATION NO. 2004 OF 2018

IN THE MATTER OF –

Sh. Gagan Singh

S/o Lt. Sh. Sher Singh,

D-II/53, Shahjahan Road Govt. Qtrs,

Pandara Road. ……………....Petitioner

VERSUS

1. The State
2. Sh. Jaspal Singh
S/o Lt. Gursevak Singh,
C-I/44, Kaka Nagar,
New Delhi. ……………… Respondents

APPLICATION OF BAIL UNDER SECTION 439, CODE OF CRIMINAL

PROCEDURE

The petitioner most respectfully showeth –

1. That this is the first bail application moved in this Hon’ble Court on the subject in
hand, and is thus entitled to invoke the Jurisdiction of this Hon’ble Court under
section 439 of the Code of Criminal Procedure by filing the present bail
application for interest of justice. Copy of identity card is annexed herewith and
marked as Annexure – A.
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2. That story of the prosecution according to F.I.R is that Respondent

No 2 lodged a complaint with the contention that Petitioner has issued him a
cheque amounting to Rs.1,50,000/- as consideration of a car, purchased by
the petitioner from the Respondent No 2, and the same was got dishonored
for the want of insufficient funds. Hence, this F.I.R. Certified copy of the F.I.R.
has been attached as Annexure – B

3. That the entire story contained in the FIR is false, concocted, malicious
and vexatious in nature and has been cooked up by the local Police in
collusion with the complainant Respondent No 2 to involve the Petitioner
in the instant case and the Petitioner pray for the post-arrest bail, inter alia, on
the following grounds –

3.1 That Petitioner has never purchased the alleged car from Respondent no. 2
against the consideration of Rs. 1,50,000/-, nonetheless, petitioner has
exchanged his car with that of the Respondent no. 2 by entering into an
agreement dated 23-04-2009 wherein it has been agreed by and between the
parties that the Petitioner shall additionally pay an amount of Rs. 37,000/- to
the Respondent no. 2 out of which Rs. 5,000/- were paid at the spot and Rs.
5,000/- were agreed to be paid on 01-05-2009. Remaining Rs. 27,000/- were
agreed to be paid in monthly instalments of Rs. 2,000/- each.

3.2 That according to the story of prosecution as narrated in F.I.R, the

Respondent no. 2 went to the house of Petitioner six months ago whereby the
Petitioner purchased the alleged car from the Respondent no. 2 and promised
to pay the alleged sale amount in next 6 months. It could, therefore, be said
that allegedly the car was purchased by the Petitioner on 11-08-2009. Thus,
there was no need to issue a cheque in favour of Respondent no. 2 by the
Petitioner before the expiry stipulated time. There is also no justification of
Respondent no. 2’s demand to return back the said vehicle before the lapse of
the agreed period of 6 months.
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3.3 That Petitioner has been involved in the instant case with mala fide intentions
to fulfil ulterior motives of Respondent no. 2. Respondent no. 2 has also tried
to involve the Petitioner in another case with similar offence on the complaint
of his close relative/family friend maintaining that Petitioner has furnished
with the complainant a bogus cheque of someone else. The copy of such
petition in the trial court has also been attached as Annexure – C.

3.4 That matter pertains to a fiscal transaction and there has been an established
business relationship between the Petitioner and Respondent no. 2.
Furthermore even the story of the revels that a trustful relationship has been
developed between the two sides. Therefore the element of fraud and
dishonest intention is simply ruled out even through the version of the
complainant/Respondent no. 2.

3.5 That even according to the Section 139 of “Negotiable Instruments Act,
1881” it was mandatory for the Respondent no. 2 to serve the Petitioner with
a notice pertaining to such dishonouring of the cheques (if any) prior to
lodging the criminal proceedings to prove his bona-fide.

3.6 That as the matter pertains to the fiscal transactions, thus a civil suit for
rendition of accounts is a proper and efficacious remedy for the same.

3.7 That the FIR has been registered on false accusations in connivance with the
local police. Furthermore, if the Petitioner be kept in jail and prosecution fails
to prove its case, the Period spent by the Petitioner in the Jail cannot be
compensated in any way. The Petitioner is a respectable citizen and his
further arrest will cause humiliation to him and his family.

3.8 That alleged offence does not fall under the provisions of prohibitory clause
thus grant of bail is a rule and refusal is an exception. Presumption of
innocence lies with the Petitioner unless Tried, Convicted and sentenced by
the Competent Court of Law.
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3.9 That the charge if any against the Petitioner is groundless and there is no
chance of the conviction of the Petitioner. Body of the Petitioner is not
required to the Police anymore and no recovery is to be effectuated from the
Petitioner thus no useful purposed is to be served having Petitioner behind the
bar before trial.

3.10 That the Petitioner is a law abiding citizen and has never been convicted
of any offence and he cannot even think of violating the law. Petitioner carries no
criminal history and his past conduct cannot be negated for consideration of
granting bail.

3.11 That the Petitioner is ready to furnish such security as may be sufficient
for the entire satisfaction of this Hon’ble Court and undertakes to appear before
the before the Court as and when required.

Under the circumstances it is humbly prayed that the Petitioner may

graciously be granted bail till the final decision of the case against them.

Dated – 1st March 2018

Place – New Delhi

Petitioner
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COUNSEL FOR THE PETITIONER

VERIFICATION

I, the above named petitioner, do hereby verify that, all the facts above mentioned are true
and correct to the best of his knowledge and belief. Hence, it is verified by this petitioner on
this the 26th February 2018 at Delhi.

Dated: 1st March 2018

Place : Delhi

Petitioner

COUNSEL FOR THE PETITIONER

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CONCLUSION

The core skill of Drafting on the LPC essentially involves you acquiring the skills to
enable you to draft various formal legal documents. Such documents need to be drafted
with great care as they generally create rights and impose obligations. Although the
formal structure and the content of the types of legal document that you may be
required to draft on the LPC will vary according to the type of document, the aim of
this Note is to give you some basic guidelines applicable to all forms of drafting. In
addition and throughout the LPC you will be given further detailed guidance in terms of
how to draft particular types of documents.

Bail laws in India are very complicated as the bail to any accused person is at the
discretion of the court which considers the facts of the case, the conduct of the accused,
the background of the accused, the law and several other factors. The role of a lawyer
in getting bail from the court becomes very important as the accused can be confined to
judicial custody if the case is not properly presented and contested before the court by a
competent lawyer.
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BIBLIOGRAPHY

Primary Source:

Code of Criminal Procedure, 1973

Negotiable Instruments Act, 1881

Secondary Source:

Books:

1) Kothari and Arvind G. Kothari Ltd., Drafting, Conveyancing and Pleadings, 1982,
2nd ed., N.M. Tripathi (P.), Bombay.
2) Dr. K.N. Chandrasekharan Pillai, R.V. Kelkar’s Criminal Procedure, 2014, 6th ed.,
Eastern Book Company

Articles:

Bail, Wikipedia, (last updated, May 21st, 2017), https://en.wikipedia.org/wiki/Bail

CrPC Chapter-33, Provisions as to Bail and Bonds, Devgan, (last updated, 31st Oct,
2014), http://devgan.in/criminal_procedure_code/chapter_33.php

Crpc Unit – 6, Bailable and Non-Bailable Offence, Hanumant,

http://hanumant.com/CrPC-Unit6-OffenceBail.html

Essentials of a Plaint, Legalbites, (last updated, 15th Sept, 2016),

https://www.legalbites.in/essentials-of-a-plaint/