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Application For Transfer of Jail For Accused

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nitisinghal88
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610 views2 pages

Application For Transfer of Jail For Accused

Uploaded by

nitisinghal88
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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In the court of Sh.

___________________,
Ld. Judicial Magistrate 1st Class, Hisar.

State Versus Ramphal

FIR No. ____ Dated _____


U/s ______________
P.S. ____________

Application for keeping/confining the applicant in to Central Jail-2, Hisar


instead of Central Jail-1, Hisar.

Respectfully showeth:-

1- That the above noted case is pending before this H`ble court and police has falsely
implicated the applicant in this case. The applicant is confined in the central Jail-1,
Hisar due to judicial custody.
2- That (mention special ground) like any difficulty being faced by the family
members of the detenue.
3- That it is settled law ruled out by Hon`ble Apex Court in State of Maharashtra
& Ors. v. Saeed Sohail Sheikh 2013, that the power to direct transfer of the
undertrial prisoner from one jail to another clearly vests with the Magistrate/ Court
which had remanded the detenue to a certain prison. Therefore, in a case of an
undertrial, who has already been remanded to custody by the trial court in the name
of the Superintendent of a particular jail, can only be removed from that jail by
seeking a judicial order from the trial court or by the court of Learned Magistrate
concerned.

4- That the life of the applicant-accused would be certainly come in to endanger if he


might be kept/confined furthermore in to Central Jail-1 as the present
Superintendent being the overall officer-in-charge of central Jail-1, can do
everything illegal with the applicant what-so-ever he want, due to personal
enmity or due to undue benefits and gratification.

It is, therefore, prayed that the applicant-accused may kindly be ordered to


be kept/confine in to Central Jail-2 instead of Central Jail-1 for his judicial
custody in the interest of justice and equity.
Applicant/accused
___________ S/o _____________
R/o __________________________
Through:
Hisar: ________________
Advocate, Hisar

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