What is Form NOM 84 Bond and Bail Bond Upon Appeal in District Court Kendrapara?

Definition and Meaning of Form NOM 84

Form NOM 84 is a legal document specifically designed for use in the District Court of Kendrapara, India. It serves as a Bond and Bail Bond upon Appeal, primarily utilized when a person has been acquitted but is facing an appeal against that acquittal. This form ensures that the acquitted individual, known as the Principal, commits to attending all future court hearings in the Appellate Court. The form requires the involvement of sureties, who act as guarantors, promising to forfeit a specified amount of money if the Principal fails to appear in court as required.

The legal basis for this form often stems from provisions such as Section 437-A of the Criminal Procedure Code (CrPC) in India, which mandates the execution of a bond to secure the presence of the accused during the appellate process.

Key Elements of Form NOM 84

Several critical components must be included in Form NOM 84 to ensure its validity and effectiveness:

• Case Information: This includes the FIR number, police station details, relevant sections of law, and the name of the court.
• Principal's Details: The form must list the Principal's name, father's name, address, and identification proof.
• Surety Information: Details about one or more sureties, including their names, addresses, and a declaration of their financial means.
• Bond Amount: The specific sum of money that the sureties are guaranteeing to pay if the Principal defaults on their court appearance.

How to Fill Out Form NOM 84

Filling out Form NOM 84 requires careful attention to detail to ensure all necessary information is accurately provided:

• Step One: Begin by entering the case information, including the FIR number and police station.
• Step Two: Provide the Principal's personal details, ensuring that the identification proof is valid and current.
• Step Three: Include the surety's information, making sure each guarantor understands their obligations.
• Step Four: Clearly state the bond amount, which should be agreed upon by all parties involved.

Who Typically Uses Form NOM 84?

Form NOM 84 is primarily used by individuals who have been acquitted of charges but are facing an appeal. The following parties may be involved:

• The Principal: The individual whose acquittal is being appealed.
• Sureties: Individuals who agree to guarantee the Principal's appearance in court, often family members or close friends.
• Legal Representatives: Lawyers who assist in preparing and submitting the form to the court.

Legal Use of Form NOM 84

The legal implications of Form NOM 84 are significant. It serves as a formal agreement between the Principal and the court, ensuring that the judicial process is respected. Failure to comply with the terms outlined in the bond can lead to legal consequences for both the Principal and the sureties:

• Enforcement: If the Principal fails to appear, the court may enforce the bond, requiring the sureties to pay the specified amount.
• Legal Accountability: The sureties are legally bound to fulfill their promise, which adds a layer of accountability to the Principal's obligations.

Steps to Complete Form NOM 84

Completing Form NOM 84 involves several steps to ensure accuracy and compliance:

• Gather Necessary Information: Collect all required details about the case, Principal, and sureties before starting the form.
• Complete the Form: Fill in the form systematically, double-checking each section for accuracy.
• Obtain Signatures: Ensure that both the Principal and sureties sign the document in the designated areas.
• Submit the Form: File the completed form with the appropriate court before the deadline specified by the court.

Examples of Using Form NOM 84

Understanding practical scenarios can clarify how Form NOM 84 is applied:

• Example One: An individual acquitted of theft faces an appeal. They fill out Form NOM 84, ensuring their family members act as sureties.
• Example Two: A person acquitted of drug charges must submit the form to guarantee their appearance at the appellate hearing, securing their release pending the appeal.

Important Terms Related to Form NOM 84

Several terms are crucial to understanding Form NOM 84 and its implications:

• Principal: The individual who has been acquitted and is required to appear in court.
• Surety: A person who guarantees the Principal's appearance in court.
• Bond Amount: The financial sum that sureties commit to pay if the Principal fails to appear.
• Appeal: A legal process where a higher court reviews the decision made by a lower court.