Bail under Section 374 CrPC (Appeal Against Conviction) (India) by OLL
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CRIMINAL APPEAL U/S 374 OF THE CODE OF CRIMINAL PROCEDURE 1973
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE
AT PUNE
Criminal Appeal No./2003
Shri _ N __ S _ P_ )
Age 36 years, occupation - service, )
Resident of Mehetre Vasti, Chikhali, )
Taluka Haveli, District - Pune. )
Versus
The State of Maharashtra )
(Notice to be served on the )
District Government Pleader, )
Pune 411 005 )
Appellant (Original Accused)
Respondent
(Original Complainant)
CRIMINAL APPEAL U/S 374 OF THE CODE OF CRIMINAL PROCEDURE 1973
MAY IT PLEASE YOUR HONOUR
(I) Brief History of the Case is as follows:
1. That the appellant was charged with and tried for the offence punishable u/s 304(A) of the Indian Penal Code and was sentenced to suffer SI for one month and also to pay a fine of Rs. 500/- I/d to suffer further SI for seven days.
2. That the said order of punishment has been passed by the Hon'ble Judicial Magistrate, First Class, Vadgaon Maval, in S.T.C.C. No. 1100/2000.
3. That the said judgment and order of punishment have been passed by the Hon'ble Trial Court on 7.3.2003.
4. That the Hon'ble Trial Court was pleased to hold the appellant guilty for the said offence u/s 304(A) of the Indian Penal Code. That the alleged incident took place in the property bearing Gat No. 1426, Mehetre Vasti of the revenue village Chikhali, Taluka Haveli, District Pune, where the appellant was constructing a new house for the residence of his family, while the appellant himself is working in Mumbai, and he occasionally and during holidays visits his family residing at the place where he has constructed a new house.
5. That the said work of construction of the house was assigned to a contractor, and the father of the appellant; who is old enough, used to visit and supervise the construction work from time to time.
6. That the appellant being in regular service at Mumbai could not visit or supervise or look after the construction activity of the said work, and had hardly paid any attention to the same personally.
7. That the prosecution has examined in all eight witnesses, but no witness on behalf of the accused was examined, and the appellant is so unfortunate that while recording the statement of the accused u/s 313 of the Code of Criminal Procedure, despite an enquiry made by the Hon'ble Lower Court as to whether he had to examine any defence witness, the accused being totally ignorant and completely innocent did not avail of the opportunity offered to him, and therefore, no witness on his behalf or at his instance could be examined.
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This document is a template for filing a criminal appeal in an Indian court under Section 374 of the Code of Criminal Procedure. It is specifically designed for a defendant seeking to challenge a conviction and sentence, particularly in cases involving charges of causing death by negligence. The template provides a structured format to outline the case history, legal grounds for appeal, and specific prayers for acquittal.
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About this template
What is this template?
This is a formal legal petition submitted to an Indian Sessions Court to overturn a criminal conviction and sentence. It contains specific sections for the history of the trial, detailed grounds for appeal including evidentiary failures, and a formal prayer for acquittal. It is not a bail application, although it often accompanies one, and it is not a fresh defense statement for a trial court.
When should you use it?
Use this when a Judicial Magistrate has passed a judgment of conviction and you intend to argue that the trial court erred in its findings of law or fact. The nearest alternative is a Criminal Revision Petition, which is used for challenging orders that are not strictly judgments of conviction or where an appeal is not provided by law.
What's inside
| Clause | Name | What it does |
|---|---|---|
| (I) | Brief History of the Case | Summarizes the original charge under Section 304(A) IPC, the sentence of one month simple imprisonment, and the fine of Rs. 500. |
| (II) | Grounds of Objection | Lists 39 specific legal and factual arguments, including claims of procedural errors and the lack of mens rea for the alleged offense. |
| 40-42 | Limitation and Court Fee | Confirms the appeal is filed within the legal time limit and that the necessary court fees have been paid. |
| 43 | Prayer for Relief | Requests the Sessions Court to quash the lower court's order and acquit the appellant of the offense under Section 304(A) IPC. |
Who it's for
- an individual convicted of a criminal offense by a Judicial Magistrate in India
- a defendant seeking to challenge a finding of rash or negligent act
- a lawyer drafting a memo of appeal to a District and Sessions Judge
How long it runs and how it's signed
Law it's drafted under
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