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| Application under section 426 CrPC for suspension of sentence |
In the name of ALLAH, the most beneficent, the most
merciful
IN THE
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 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 about almost 1 year and 3 months
4. That
the petitioner is quite innocent and have 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 of interested witnesses, their testimonies
according to case on record and law are not applicable thereto.
7. That
the appellant belongs to poor family and he cannot think to commit such like
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 abscondence or tempering with the
prosecution, moreover he is ready to furnish the surety bond to 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 is so many contradiction 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 consequently the 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