Application and Affidavit for Modification/Relaxation of Bail Conditions

Last updated: October 28, 2025 Type: Affidavit

**Sample PDF of the Application is attached at the end.

Why & When is a Criminal Revision Application Used?

Purpose: To challenge the correctness, legality, or propriety of an order passed by a lower court or magistrate.

Law: Governed under Section 438 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (previously under CrPC).

When Filed:

If a person feels that a Magistrate's order is unjust, harsh, or not in accordance with the law.
If there is no direct right of appeal, a higher court still needs to examine the lower court's order.
Example: The Magistrate wrongly issues a preventive order under Executive powers, or wrongly rejects bail — the accused can move a Revision before the Sessions Judge.

What This Sample Shows

Heading of Court & Parties – Mentions applicant (person filing) and non-applicant (opposite party, often State).
Details of Order Challenged – The order of Magistrate (date, case number).
Documents Attached – Vakalatnama, certified copy of impugned order, list of documents.
Relief Sought – Stay, bail, PR bond, or cancellation of impugned order.
Scrutiny Form – Checklist to see if revision is competent, filed in time, with proper documents, court fee, etc.

Important Points

Not an Appeal: Revision is not a full rehearing like an appeal — it only checks the legality/correctness of the Magistrate's order.
Filed Before: Principal District & Sessions Judge (or High Court in some cases).
Time Limit: Generally 90 days from the order (unless the court condones delay).
Documents Needed: Certified copy of the impugned order, vakalatnama, supporting documents, and court fee.
Possible Orders: Stay on the lower court order, modification, or setting aside the order.

FAQs on Criminal Revision

Q1. What is the difference between Appeal and Revision?: Appeal = re-examination of facts + law. Revision = only checks legality/propriety of order, not full rehearing.
Q2. Who can file a Criminal Revision?: Accused, complainant, or even the State if they feel a Magistrate's order is incorrect.
Q3. Which court hears Criminal Revision?: Sessions Court or High Court, depending on the case.
Q4. Is Revision always maintainable?: No. If the law provides a direct appeal, revision usually cannot be filed.
Q5. What happens after filing Revision?: The higher court examines the record, may issue notice to the other side, grant a stay, or call for records from the lower court.
Q6. Does filing Revision automatically stay the lower court's order?: No. A separate stay application must be filed.
Q7. What if the Revision is filed late?: A delay condonation application (with reasons for delay) must be filed; the court may allow or dismiss it.
Q8. Can a person get bail during Revision?: Yes, the applicant can move an application for bail or PR bond along with revision.
Q9. Is personal appearance necessary in Revision?: Not always. Lawyers can appear, unless the court specifically directs the applicant to remain present.
Q10. What if Revision is dismissed?: Applicant can move the High Court under revision/jurisdiction powers if law permits.

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Format/Affidavit

Note: The PDF you attached shows a template used in Nagpur Court for Criminal Revision proceedings. This is only a sample format — exact details vary by case and court.

IN THE COURT OF HON'BLE __________ DISTRICT JUDGE & ADDL. SESSIONS JUDGE, NAGPUR

CRIMINAL REVISION NO. _____________________/2024

APPLICANT : _______________________________________

...VERSUS...

NON-APPLICANT : ___________________________________

BEFORE THE HON'BLE PRINCIPAL DISTRICT & SESSIONS JUDGE, NAGPUR

1. Criminal Revision under section 438 of B.N.S.S. presented by Shri _______________________________ Adv. for the applicant against the order of the Spl. Exe. Magistrate _____________ Division Nagpur in Criminal Case No. ___________ Dated _______

2. Vakalatnama filed by Shri ____________________________ Adv. for applicant.

3. Certified Copy if impugned order dated_________in R.C.C./S.C.C No.__________filed by applicant.

4. List of Documents alongwith___________documents filed.

5. Application for grant of Stay / P. R. Bond / Bail / Cash Surety filed.

Revision application is examined and ordered to be registered as
CRIMINAL REVISION

Of further orders to _______________

Put up on ____________________

Asstt. Superintendent,
Judicial Branch (T. W.),
District Court, Nagpur

SCRUTINY FORM OF CRIMINAL REVISION / APPEAL PROCEEDING

IN THE COURT OF THE SESSIONS JUDGE NAGPUR AT NAGPUR

ENTRY NO. _______/2024 CRI. REV./APPEAL NO.________/2024
________________________V/S ______________________

Sr. No.	DESCRIPTION	TICK
1	Whether the Criminal Appeal / Revision is competent ?
2	Whether the presentation of the Criminal Appeal / Criminal Revision is duly authorised ?
3	Whether the Criminal Appeal / Criminal Revision is in time ?
4	Whether the Memorandum is accompanied by the copies of Judgment or order ?
5	Whether the Criminal Appeal / Criminal Revision is properly stamped with necessary Court fees ?
6	Whether the names of the parties stated in the Memorandum Corresponds with the name URESH Sas given in the copies annexed ?
7	In case of appeal it note of Fine is paid or not ?
8	Note of no other appeal / Revision / Proceedings filed against said order before this court or other court ?
9	Are Court fees paid / affixed on the main application and certified copies ?
10	Whether the state has made a party in this application.