Application for Cancellation / Discharge of Surety Bond

IN THE COURT OF court_designation, district

In Cr. Case No. case_number of year Application under Section 489 of the Code of Criminal Procedure 1898 for discharge of surety bond

surety_name, son of surety_father, holder of CNIC No. surety_cnic, resident of surety_address, occupation surety_occupation ... Applicant / Surety

VERSUS

1. The State, through the Public Prosecutor 2. accused_name, son of accused_father, resident of accused_address, accused / bonded person in connection with FIR No. fir_number, dated fir_date, registered at PS police_station, under Sections offence_sections ... Respondents

APPLICATION FOR DISCHARGE OF SURETY BOND UNDER SECTION 489 CrPC

Respectfully sheweth:

1. That the applicant stood surety in the sum of Rs. bond_amount for the appearance of the accused, namely accused_name, on bond_date, in connection with the captioned criminal case, by executing a bond duly registered with this Honourable Court.

2. That a true copy of the surety bond and the order of acceptance of surety dated bond_acceptance_date are placed on record. The applicant has, since the execution of the bond, conducted himself in a manner consistent with the obligations of a surety in law.

3. That the applicant is, however, no longer in a position to remain answerable for the appearance of the accused before this Honourable Court for the following reasons: reasons_for_discharge. The said reasons are bona fide and are placed before this Honourable Court for its kind consideration.

4. That under Section 489 of the Code of Criminal Procedure 1898, this Honourable Court is empowered to discharge the bond, either wholly or in part, on the application of the surety, in suitable circumstances. The applicant respectfully submits that the present case is one of fit circumstances for the exercise of the said power.

5. That the accused may be directed to furnish a fresh surety, of equivalent sum or such other sum as may be determined by this Honourable Court, prior to the discharge of the present applicant, so that the proceedings of the case are not prejudiced. The applicant submits that no prejudice shall be caused to the prosecution by the substitution of surety in this manner.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Discharge the applicant from the surety bond executed in the captioned case in the sum of Rs. bond_amount;

(b) Direct the accused, namely accused_name, to furnish a fresh surety to the satisfaction of this Honourable Court within such time as may be specified;

(c) Issue summons / process to the accused for the said purpose; and

(d) Pass any other order as this Honourable Court may deem just and proper in the circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ surety_name Applicant / Surety Through: _____________________________ counsel_name Advocate