IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
CRM No. __________ of 2024
In
CRA-S/D-___________of 2024
To:

The Deputy Registrar (Judicial

High Court, Chandigarh

Title of Case

Petitioner
(Presently confined in District Jail, ________________)

…..Applicant/Appellant/Petitioner

VERSUS

State of Punjab/Haryana
…..Respondent

Sir,

Will you kindly treat the accompanying petition as an

urgent one in accordance with the provisions of Rule 9,
Chapter 3-A, Rules and Orders of The High Court,
Chandigarh, Volume V.

2. The grounds of urgency are: As prayed for.

Yours Faithfully

CHANDIGARH [ BINDU TANWAR ] [ ARUN RANA ]

DATED: ADVOCATES
ENRL. NO. P-656/2014 PH-1574/2022
NOR. PH221139
COUNSELS FOR THE PETITIONER(S)
Mob. No.- 78886-84197 62831-13964
Email: bindu.rana.llb@gmail.com
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No. __________ of 2024
In
CRA-S/D-___________of 2024

Petitioner
(Presently confined in District Jail, ________________)

…..Applicant/Appellant/Petitioner

VERSUS

State of Punjab/Haryana
…..Respondent
(A)
INDEX
Sr. Court
PARTICULARS DATES PAGES
No. Fees

Urgent Form

1st Application U.s 389 Cr.P.C.

Annexure P-1 (Copy of Order)

Power of Attorney

TOTAL

Note:- i) Affidavit not required as petitioner is in

custody
ii) Advance copy has been supplied
iii) Whether MP/MLA involved: -----NO.
iv) Whether Appellant declared P.O.: ------NO.

CHANDIGARH [ BINDU TANWAR ] [ ARUN RANA ]

DATED: ADVOCATES
ENRL. NO. P-656/2014 PH-1574/2022
NOR. PH221139
COUNSELS FOR THE PETITIONER(S)
Mob. No.- 78886-84197 62831-13964
Email: bindu.rana.llb@gmail.com
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No. __________ of 2024
In
CRA-S/D-___________of 2024

Petitioner
(Presently confined in District Jail, ________________)

…..Applicant/Appellant/Petitioner

VERSUS

State of Punjab/Haryana
…..Respondent

1st Application U/s 389 of Cr.P.C. for

suspending the sentence of the

applicant/appellant/petitioner (namely

__________) during the pendency of

this present appeal.

MOST RESPECTFULLY SHOWETH:-

1. That the abovesaid applicant/appellant/petitioner has filed

the abovementioned appeal in this Hon’ble High Court and

the same was admitted by this Hon'ble High Court vide

order dated XX.XX.XXXX, and the same is likely to succeed

on the grounds mentioned in the grounds of appeal. The

grounds of appeal may kindly be read as part and parcel of

this application also.

2. That according to the allegation made by the complainant in

the FIR, _________co-accused

names________________________________ and

thereafter, a FIR No. XX dated XX.XX.XXXX U/s 302, 307,

 148, 149, 120-b of the IPC 1860 was registered against

accused persons, which is based on a false concocted story.

3. That the Learned Trial Court has erred in convicting the

applicant/appellant/petitioner U/s 302, 307, 148, 149, 120-

B of IPC 1860 and thereafter the

applicant/appellant/petitioner was sentenced to under

rigorous imprisonment for life and to pay a fine of

Rs.XX,000/- and in default of payment of fine, they shall

further undergo imprisonment for a period of three/six

months, vide judgment/order dated XX.XX.XXXX.

4. That the Learned Trial Court has wrongly relied upon the

insufficient and improbable evidence of the prosecution and

has gravely erred in convicting the

applicant/appellant/petitioner U/s s 302, 307, 148, 149,

120-B of IPC 1860.

5. That the allegations against the present

applicant/appellant/petitioner is that of hitting the

deceased with brick/sword/knife/gunshot but, it

would be relevant to mention that the allegations are very

general in nature and no specific role has been attributed to

any accused and that there are glaring lacunas in the entire

prosecution version which clearly creates a shadow of doubt

on the veracity of the entire case of the prosecution.

6. That the false story concocted by the prosecution gets

destroyed only on the basis of the above said aspects

because there is no eye witness of the incident and the

prosecution has falsely made the family members of the

deceased as eye witnesses, so that they can take revenge

 of the enmity going on between the family of the deceased

and the accused persons.

7. That, moreover, the aspect of the complainant, being the

eye witness of the incident has been contradicted by

WITNESS-DW-3 namely ___________, who was examined

as DW-3 and deposed that nobody was present when

the incident happened and he was the first one to

reach the spot along with NAME OF ASSOCIATE.

8. That the applicant/appellant/petitioner has been falsely

implicated in the present case by the prosecution as the

applicant/appellant/petitioner has nothing to do with the

commission of the offence in any manner whatsoever and

the prosecution has totally failed to prove its case beyond

reasonable doubt.

9. That the prosecution has miserably failed to prove the case

beyond shadow of reasonable doubt. It is also submitted

that in a case of murder, the motive plays an important role

and in the present case, no motive has been proved by the

prosecution, which could drive the

applicant/appellant/petitioner to commit the alleged offence.

It is, however, submitted that the Learned Trial Court has

not appreciated all these aspects of the matter properly and

the applicant/appellant/petitioner has been wrongly

convicted.

10. That no recovery has been shown to be effected from the

present applicant/appellant/petitioner and therefore, there

is nothing on record to connect the present

applicant/appellant/petitioner to this present crime.

11. That the applicant/appellant/petitioner was arrested on

XX.XX.XXXX and has already undergone the total custody

of approximately XX years out of the total sentence

awarded to the applicant/appellant/petitioner by the

Learned Trial Court.

12. That two of the co-convict, namely ________ and ________

similarly placed as the present

applicant/appellant/petitioner, having custody of around XX

years, applied for Suspension of their respective sentences

by filing CRM-xxxxx-2023 and CRM-xxxxx-2023 before

this Hon’ble High Court, respectively, and their respective

sentences have been suspended vide order of this Hon'ble

High Court both dated XX.XX.XXXX. Copy of order annexed

herewith as Annexure P-1.

13. That keeping in view the above facts and circumstances of

the case and a collective reading of challan and evidence

does not sustain the conviction of the present

applicant/appellant/petitioner U/s 302, 307, 148, 149, 120-

B of IPC 1860 and the same is liable to be set aside and the

applicant/appellant/petitioner has high probability of being

acquitted in the present case.

14. That no such or similar application for suspension of

sentence has been filed by the applicant/appellant/petitioner

either in this Hon’ble High Court, or in the Supreme Court of

India to the knowledge of the undersigned at the time of the

filing of this application as taken from the Internet site of

the Hon’ble High Court.

 15. That the appeal shall take a considerable amount of time in

its final disposal and no purpose would be served by

keeping the applicant/appellant/petitioner behind bars.

PRAYER

It is therefore, most respectfully prayed that the

sentence of the applicant/appellant/petitioner may kindly be

suspended and he may kindly be released on bail during the

pendency of the appeal, in the interest of justice.

It is further prayed that any other relief as this

Hon’ble High Court deems fit and proper in view of the facts

and circumstances of the present case may kindly be

passed, in the interest of justice.

Note:- Affidavit no required as petitioner is in custody.

CHANDIGARH [ BINDU TANWAR ] [ ARUN RANA ]

DATED: ADVOCATES
ENRL. NO. P-656/2014 PH-1574/2022
NOR. PH221139
COUNSELS FOR THE PETITIONER(S)
Mob. No.- 78886-84197 62831-13964
Email: bindu.rana.llb@gmail.com