APPLICATION UNDER SECTION 389(1) OF CODE OF CRIMINAL PROCEDURE, ON BEHALF OF APPELLANT: PENDING APPEAL RELEASE OF APPELLANT ON BAIL
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(Criminal Appellate Jurisdiction)
Crl. Misc. No………………………………………………. /2002
In
Crl. Appeal No…………………………………………….. /2002
In the matter of:
Shri………………………….
S/o………………………….
R/o………………………….
through his Parokar, Brother (if appeal is filed through relative/friend)
…………………………………………………………… (Appellant)
versus
State of NCT of Delhi…………………………. Respondent
Application under Section 389(1) of Code of Criminal Procedure, on behalf of appellant: pending appeal release of appellant on bail.
***********
Most Respectfully Showeth: –
1. That the appellant was charged with the offence u/s 392/397/34 IPC and faced trial before the Session Court of Sh……………………. ASJ, Delhi.
2. That the appellant has been convicted under the above Sections by the Ld. Sessions court and was pleased to pass sentence in the following manner: –
"To undergo RI seven years"
vide order dated 24-12-2001.
3. That the case looks fabricated for three persons would not attack a person Known to them just for 50 Rupees, unless victim is carrying heavy amount.
4. That an appeal has been filed against the order which is pending adjudication for this Hon’ble court and wish to success in gaining release pending appeal since involvement was caused through the method of 3rd degree.
5. That appellant had never been released on bail during the whole trial and
had been inside judicial custody since arrest on 7/8th Sept. 2000, hence this application for release, pending final disposal of appeal, on bail and suspension of sentence.
6. That appellant is prepared to furnish reliable sureties to the satisfaction of Hon’ble court and ready to accept conditions, if any.
PRAYER
It is most humbly prayed that this Hon’ble court may graciously be pleased in granting a release on bail or enlargement on bail with the suspension of sentence pending final disposal of the appeal and any other relief as this Hon’ble court deem fit and proper.
For the act of kindness the Humble appellant/petitioner shall ever remain thankful to this Hon’ble Court.
It is prayed accordingly.
Appellant/Applicant
( )
New Delhi
Dated:……………Through:
(Advocate)
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(Criminal Appellate Jurisdiction)
Crl. Misc. No……………………………………………… 72002
In
Crl. Appeal No…………………………………………….. /2002
AFFIDAVIT
I,…………………………….. son of Shri…………………………….. resident of ………………………………. do hereby solemnly affirm and declare as under: –
1. That I am the brother and parokar of the appellant in the said case and fully conversant with the matter, hence competent to swear this affidavit.
2. That accompanying bail application has been drafted on my instructions and the contents of which have been read over and explained to me in vernacular which I admits as true and correct.
3. That the contents of the said application kindly be read as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.
4. That the contents of the said application are true and correct to best of my knowledge and as per information received believed to be true.
Deponent
VERIFICATION
Verified at New Delhi on this…………………. day of………………… that the contents of above affidavit from paras 1 to 4 are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.
Deponent