IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRL. MISC. PETITION NO. OF 2003

IN
CRIMINAL APPEAL Nos. OF 2003

IN THE MATTER OF:

Main Pal & Anr. … Appellants

Versus

State of Haryana & Ors. … Respondents

APPLICATION FOR BAIL

To

The Hon’ble Chief Justice of Supreme Court

and his Companion Justices

The humble Petition of the

Appellants above-named

MOST RESPECTFULLY SHOWETH:

1. That the accompanying Criminal Appeal has been

filed by the Appellants herein under Section 2 of the Supreme

Court [Enlargement of Criminal Appellate Jurisidction] Act, 1970

against the impugned judgment and order dated 29 th July, 2003

passed by the Punjab and Haryana High Court at Chandigarh

[hereinafter referred to as the Hon’ble High Court] in

Criminal Appeals bearing Nos.152-DBA of 1995, 153-DBA of 1995

and 230-DBA of 1995 while Crl. Revision No.195 of 1995.

2. That full facts leading to the filing of the instant

Application are set out in the accompanying Appeal and the

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same are not being repeated herein for the sake of brevity. The

Appellants crave leave of this Hon`ble Court to refer to and rely

upon the same at the time of hearing for the purposes of instant

Application.

3. The Hon’ble High Court by the impugned judgment

and final order has been pleased to reverse the order of

acquittal passed by the learned Sessions Judge, Sirsa and

consequently convicted both the Appellants under Sections

302 read with Section 34 of IPC and Sections 25 and 27 of

the Arms Act and directed them to undergo imprisonment as

also pay fine.

4. It is further submitted that pursuant to the judgment and

order passed by the learned Sessions Court both the Appellants

were acquitted and released from jail but thereafter the Hon’ble

High Court has been pleased to convict both the Appellants.

5. It is submitted that after passing of the order of conviction

by the Hon’ble Court the Appellants-accused moved an

Application before the learned Chief Judicial Magistrate, Sirsa

and have in pursuance of the re-arrest warrant volunteered to

surrender before the Court of learned Chief Judicial Magistrate,

Sirsa in the State of Haryana and have since been taken into

custody vide order dated 18th November, 2003 passed by the

learned Chief Judicial Magistrate, Sirsa. Both the Appellants

have been ordered to be committed to the District Jail, Sirsa for

undergoing the remaining portion of their sentence as awarded

by the Hon’ble High Court. A true copy of the order dated 18 th

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November, 2003 passed by the learned Chief Judicial Magistrate,

Sirsa is marked and annexed hereto as Annexure-A/2. Apart from

surrendering before the learned Chief Judicial Magistrate, the

Appellant-accused No.1 and 2 have respectively deposited

Rs.5,300/- and Rs.5,500/- in the Court of the learned Chief

Judicial Magistrate, Sirsa. A true copy each of the two Receipts

dated 18th November, 2003 issued by the Court of learned CJM,

Sirsa is marked and annexed hereto as Annexure-A/3 .

6. Being aggrieved by the passing of the aforesaid impugned

judgment and order of conviction, the Appellants herein are

filing the present Application for bail before this Hon’ble Court

since they have volunteered to surrender before the Court of

learned Chief Judicial Magistrate, Sirsa and pursuant to the order

passed by this Court vide order dated 18 th November, 2003, they

have been taken into custody. It is submitted that both the

Appellants-accused have a right to be set at large as they are

innocent and have been wrongly and illegally implicated in the

case, as is clear from the facts and circumstances of the case as

also the evidence on record.

7. It is submitted that the Appellants have a prima facie

excellent case on merits and are sure of succeeding in the case

before this Hon’ble Court and that the balance of convenience

lies in favour of the Appellants.

8. It is further submitted that it is in the interest of justice and

equity the present Application deserves to be allowed.

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 PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to:

[a] Allow the present Application directing that the both the

Appellants be forthwith released on bail as they have

volunteered to surrender before the Court of learned Chief

Judicial Magistrate, Sirsa on such terms and conditions as

this Hon’ble Court may deem fit and in the facts and

circumstances of the case and to the satisfaction of such

appropriate authority as this Hon’ble Court may direct;

and/or

[b] Pass such other and further order or orders as this Hon’ble

Court may deem fit and proper in the facts and

circumstances of the case.

AND FOR WHICH ACT OF KINDNESS THE APPELLANTS AS IN DUTY

BOUND SHALL EVERY PRAY

FILED BY:

[R. NEDUMARAN]
Advocate on Record for the Appellants

November 2003