Draft of Application U/S 426 CR.PC For Suspension Of Sentence And Conviction, Fine and Grant Of Bail

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IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI.

Crl. Misc. No. ________/2022
In
Crl. Appeal No. 45454/2022

In the matter of:-

…Petitioner

Versus

The State
…Respondent

(Criminal Appeal)

APPLICATION U/S 426 CR.PC FOR SUSPENSION OF SENTENCE AND CONVICTION, FINE AND GRANT OF BAIL.

Respectfully sheweth:-

  1. That brief facts of the case are that the petitioner has filed an appeal through the Superintendent of Jail before this Honorable Court and the same is pending adjudication. (Copy of Crl. Appeal is annexed herewith)

  2. That the sentence is very harsh

  3. That the petitioner is behind the bars for almost 1 year and 3 months

  4. That the petitioner is quite innocent and has been falsely involved in this case due to the enmity with police officials.

  5. That nothing has been recovered from the possession of petitioner. Recovery is planted one.

  6. That the prosecution evidence comprises interested witnesses, their testimonies according to case on record and law are not applicable thereto.

  7. That the appellant belongs to a poor family and he cannot think of committing such an offence.

  8. That earlier another FIR No. ___/2021 dated; 28.01.2021 Offence U/s 337-A(i), 337-F(i), 147, 149, 302 PPC lodged by the complainant namely ______and falsely nominated the applicant in the said FIR due to this reason the complainant joined hands with the local police involved the petitioner of the instant false and frivolous case under section 9-C CNSA.

  9. That all the enabling provisions of section 497 Cr.PC are also available in case of suspension of sentence under section 426 Cr.PC.

  10. That charge is defective which has no legal sanctity.

  11. That the petitioner is non-convicted and there is no chance of his absconding or tempering with the prosecution, moreover he is ready to furnish the surety bond to the entire satisfaction of this Honorable Court.

  12. That there is every likelihood of acceptance of appeal.

  13. That the case against the petitioner about alleged recovery is highly doubtful and unbelievable.

  14. That the petitioner is in jail, hence the petitioner is entitled to be granted bail on the grounds taken in the main appeal, and there are so many contradictions of the prosecution story.

  15. That it is in the interest of justice that the sentence of the petitioner may be suspended.

PRAYER:-

Under these circumstances, this petition may kindly be accepted, sentence, conviction and fine of the petitioners vide judgment dated: 13.05.2022 may kindly be suspended and the petitioner may kindly be released on bail till the final decision of instant appeal.

						Petitioner


		Through

CERTIFICATE
Certified that this is the first petition on the subject matter ever moved before this Honorable Court.

                        Counsel