APPLICATION FOR EXEMPTION FROM SURRENDERING
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CASE NO………………
IN
SPECIAL LEAVE PETITION [CRL.] NO……… OF 2007
IN THE MATTER OF;
ABC .. Petitioner
Vs.
State of Punjab …Respondent
APPLICATION FOR EXEMPTION FROM SURRENDERING
TO
THE HON’BLE CHIEF JUSTICE OF INDIA AND
HIS HON’BLE JUSTICES OF THE SUPREME
COURT OF INDIA AT NEW DELHI.
The humble petition of the abovenmaed Petitioners.
MOST RESPECTFULLY SHOWETH;-
1. That the accompanying petition for special leave to appeal is being filed against the judgment and final order dated 28/3/2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 55-SB of 2005.
2. That the petitioners have prima-facie good case and there is very likelihood of their success before this Hon’ble Court.
3. That the petitioners were convicted by the Trial Court U/Ss 304-B and 498-A of IPC alongwith two other co-accused. By order dated 5/9/1995, the Ld. Trial Court convicted the petitioner alongwith two other co-accused under Section 304-B IPC to undergo RI for 10 years and also under Section 498-A IPC to undergo RI for 2 years and to pay a fine of Rs. 200/-.
4. That the Hon'ble High Court partly allowed the appeal of the petitioners and they have been acquitted for the offence U/S 304-B IPC, while conviction U/S 498-A IPC has been maintained. During the last 12 years from 5/9/1995 onward, the petitioners remained on bail till the decision of the present appeal by the Hon'ble High Court. During that period, the petitioners were never indulged any criminal activities. Both the petitioners are now aged about 60 years. Both the petitioners remained custody for a period 4½ months during trial.
5. That therefore, most respectfully prayed that this Hon’ble Court may kindly be exempt the petitioners from surrendering.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to :-
a) exempt the petitioners from surrendering; and
b) pass any other or further order as this Hon’ble Court may deem fit and proper in the circumstances of the case.
Filed by :-
(DURGESH RAMCHANDRA GUPTA)
Advocate for the petitioners
Drawn on :
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