Suspension of Sentence Pending Appeal

IN THE appellate_court_name, court_location

Suspension of Sentence Application No. _____ of year

appellant_name, son/daughter of appellant_father, resident of appellant_address, holding CNIC No. appellant_cnic ... Appellant

VERSUS

THE STATE and complainant_name (if applicable) ... Respondents

APPLICATION FOR SUSPENSION OF SENTENCE PENDING APPEAL UNDER SECTION 426, CODE OF CRIMINAL PROCEDURE 1898

Respectfully submitted:

1. That appellant_name was tried before trial_court_name, district, for offences under crime_sections, and was convicted vide judgment dated judgment_date and sentenced to sentence_details.

2. That being aggrieved by the said conviction and sentence, the appellant has filed Criminal Appeal No. appeal_number before this Honourable Court on appeal_filing_date, challenging the conviction and sentence on appeal_grounds_brief.

3. That the sentence is sentence_type, and the appellant is required to surrender immediately upon the order becoming final.

4. That the appellant submits that the conviction is based on conviction_basis, which the appellant shall challenge in the appeal through evidence and law.

5. That the trial Court entirely procedural_or_evidentiary_error, which constitutes grave procedural failure and miscarriage of justice.

6. That evidence_challenge, which raises serious doubt on the veracity of the evidence relied upon by the trial court.

7. That the appellant has no criminal history and is of good moral character. The appellant is personal_circumstances.

8. That the appellant is deeply rooted in the community with family and business responsibilities, and there is minimal risk of absconding or tampering with evidence.

9. That the appeal raises substantial questions of law and facts, and if the appeal succeeds, the conviction will be set aside, rendering the sentence nugatory.

10. That permitting the appellant to languish in custody pending disposal of the appeal, should the appeal ultimately succeed, would cause irreparable prejudice and constitute a failure of justice.

11. That Section 426 CrPC empowers the appellate court to order suspension of sentence pending appeal when the applicant satisfies the court that his appeal is not frivolous and that he would not abscond or tamper with evidence.

12. That the appellant meets all requisite conditions and undertakes to appear before this Court whenever called upon and to abide by such conditions as may be imposed.

PRAYER

It is, therefore, most humbly prayed that this Honourable Court may be pleased to:

(a) Suspend the sentence imposed by the trial Court vide judgment dated judgment_date pending disposal of the appeal;

(b) Release the appellant on bail pending appeal on such terms and conditions as this Honourable Court may deem fit;

(c) Direct surety_details to furnish bail bond; and

(d) Pass such other order as deemed just and proper in the circumstances.

VERIFICATION

Verified on oath at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ appellant_name Appellant Date: ______________ Through: _____________________________ counsel_name Advocate for the Appellant