Suspension of sentence U/S 426 Cr.P.C
Draft of petition U/S 426 Cr.P.C for suspension of sentence on statutory grounds.
IN THE HON’BLE HIGH COURT, (name of high court)
In the matter: -
Crl. Misc No.___________ /2022
IN
Crl. Appeal No. 677/2022
(Give only title of Crl. Appeal in which the petition is being filed i.e., XYZ Vs the State etc)
PETITION U/S 426 Cr.P.C READ WITH ALL OTHER ENABLING PROVISIONS OF LAW FOR THE SUSPENSION OF SENTENCE OF THE APPELLANT TILL THE FINAL DISPOSAL OF THE APPEAL
CASE FIR No. 01/2020
DATED: 01.01.2020
CHARGE U/S 9 (C) of
CNSA 1997
POLICE STATION ANF Dina, District Jhelum
SENTENCE
AWARDED Ten (10) years and six (06) months Rigorous
Imprisonment (R.I) and fine of Rs.50,000/- and in case of default in payment of
fine, he shall further undergo for eight (08) months S.I. The benefit of
section 382-B Cr.P.C is extended to the convict.
PERIOD OF
ARREST Four (04) years & two (02) months approximately
(from 05.01.2016 to onwards)
Respectfully
Sheweht:-
1. That the petitioner has filed the above
titled criminal appeal before this Hon’ble Court, the contents of which may
kindly be read as integral part of this application.
2. That the petitioner has a very strong prima facie
case and likely to succeed in his case.
3. That petitioner/accused was arrested on 05.01.2016
and remained incarceration continuously more than four years and the appeal of
the present petitioner has not yet been concluded, hence the petitioner is
entitled for concession of bail and suspension of sentence on statutory ground
envisage U/S 497 (1 fifth Proviso).
4. That the petitioner is behind the bar and facing
the agony of judicial trail since his arrest i.e. 05.01.2016.
5. That it is the case of nil evidence and the learned
trial court illegally convicted the petitioner on the basis of surmises and
conjectures which resulted into misreading and non-reading of evidence, the
petitioner is seeking indulgence of this Hon’ble court through this petition
while suspending the impugned judgment.
6. That the conviction was passed in vacuum and there
is no material evidence against the petitioner.
7. That even otherwise, the sentence awarded by the
learned trial court is a shorter one and there is no likelihood of early
disposal of the petitioner.
8. That the petitioner has no previous record of
conviction in such like cases.
9. That if the impugned judgment dated 11.04.2019 is
not suspended and the petitioner is not released on bail, the petitioner shall
suffer an irreparable loss.
10. That the petitioner is ready to furnish adequate
surety to the best satisfaction of this Hon’ble court.
PRAYER: -
In view of above, it is most,
respectfully prayed that in petition may kindly be allowed and the operation of
the judgment dated 11.04.2019 may kindly be suspended and the petitioner may
graciously be released on bail till the final disposal of the main appeal, in
the interest of justice and fair play.
Through
(consul)
Dated: 17.03.2020
Certificate: -
It is certified that as per
instructions received by the client, this is 1st petition on subject
matter ever moved before this Hon’ble court.
Counsel
IN
THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI
In
the matter:-
Crl. Misc No.___________ /2020
IN
Crl.Appeal No. 207/2018
XYZ Versus The
State etc
(CRIMINAL APPEAL U/S 48 OF CNSA 1997)
PETITION U/S 426 Cr.P.C READ WITH ALL OTHER ENABLING PROVISIONS OF LAW FOR THE SUSPENSION OF SENTENCE OF THE APPELLANT TILL THE FINAL DISPOSAL OF THE APPEAL
INDEX
|
Sr. No. |
Document’s description |
Annex |
Page No. |
|
1. |
Petition U/S 426Cr.P.C |
|
1 -3 |
|
2. |
Copy of order sheet of Crl. Appeal No. 207/18 |
A |
4 -9 |
Through
(Counsel)
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