AI Overview...
- Exemption from Surrendering during Pendency of Appeal - Several cases highlight that courts often consider granting exemption from surrendering and suspension of sentence during the pendency of criminal appeals, especially if the appellant is on bail or there are compelling circumstances. For example, in KAMALAM vs STATE OF TAMIL NADU - Supreme Court, the court continued the exemption order until the appeal's pendency, and the appellant was released on bail during this period. Similarly, in Karuna Behra @ Karuna Behara, S/o Late Bhim Behara VS State of Jharkhand - Jharkhand, a compromise between parties led to exemption from surrendering. Conversely, applications for exemption can be rejected if the court finds insufficient grounds, as seen in THANGASAMY S/D/W/Thru:- ESSAC : K KAILASAPURAM (VIA) KANGAIKONDAN , DISTRICT: TUTICORIN DISTRICT , , TAMIL NADU vs THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE : REP BY THE INSPECTOR OF POLICE PUDUKOTTAI POLICE STATION , DISTRICT: TUTICORIN DISTRICT , , TAMIL NADU - Supreme Court and ASHWANI KUMAR vs THE STATE OF HIMACHAL PRADESH - Supreme Court, where exemption requests were dismissed after considering the circumstances and conduct of the petitioner.
- Legal Framework and Mandatory Procedures - The rules governing surrendering, particularly Order XXI Rule 13A, are mandatory, and accused persons who prefer criminal appeals as a matter of right are generally expected to surrender first unless an exemption is granted (Mayuram Subramanian Srinivasan VS C. B. I. - Supreme Court, Mayuram Subramanian Srinivasan VS C. B. I. - Crimes). The courts emphasize adherence to procedural requirements, and exemption is not a matter of right but discretionarily granted based on facts such as bail status, conduct, or compromise between parties.
- Main Insights - Courts balance the interests of justice, procedural compliance, and individual circumstances when deciding on exemption requests. Exemptions are typically granted during the pendency of appeals if justified, but can be refused if the petitioner fails to meet the criteria or if the court deems surrender necessary for justice (Pritika Fashions Pvt. Ltd. VS State - Delhi, SHRI NAGPAL COLONIZERS vs THE STATE OF RAJASTHAN - Supreme Court, JAYAPRAKASH vs THE STATE OF CHHATTISGARH - Supreme Court).
References: - Pritika Fashions Pvt. Ltd. VS State - Delhi
- KAMALAM vs STATE OF TAMIL NADU - Supreme Court
- THANGASAMY S/D/W/Thru:- ESSAC : K KAILASAPURAM (VIA) KANGAIKONDAN , DISTRICT: TUTICORIN DISTRICT , , TAMIL NADU vs THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE : REP BY THE INSPECTOR OF POLICE PUDUKOTTAI POLICE STATION , DISTRICT: TUTICORIN DISTRICT , , TAMIL NADU - Supreme Court
- SHRI NAGPAL COLONIZERS vs THE STATE OF RAJASTHAN - Supreme Court
- ASHWANI KUMAR vs THE STATE OF HIMACHAL PRADESH - Supreme Court
- RAHUL vs THE STATE OF DELHI - Supreme Court
- Karuna Behra @ Karuna Behara, S/o Late Bhim Behara VS State of Jharkhand - Jharkhand
- Mayuram Subramanian Srinivasan VS C. B. I. - Supreme Court
- Mayuram Subramanian Srinivasan VS C. B. I. - Crimes
Search Results for "Exemption from Surrendering during Pendency of Appeal"
2018 0 Supreme(Del) 3264 • India - Delhi
CHANDER SHEKHAR
Issues: Exemption from surrendering and suspension of sentence during the pendency of the revision petition. ... Fact of the Case: The petitioner No.2 filed for exemption from surrendering and suspension of sentence during the pendency ... Final Decision: The application for exemption from surrendering and suspension of sentence was dismissed. ... The petitioner No.2 has moved the present application for exemption from #HL_STAR....
2025 Supreme(Online)(SC) 4837 • India - Supreme Court of India
Interim order dated 19.07.2024 granting exemption from surrendering is continued till the pendency of the appeal. SLP(Crl) Nos. 229-230/2025 1. Leave granted. 2. ... Having regard to the sentence imposed by the High Court, the appellant is directed to be released on bail, during the pendency of the appeal, subject to the conditions that may be imposed by the Trial Court, if not required in any other case. ... FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 144570/2024 - E....
• India - Supreme Court of India
surrendering to the appellant to continue during the pendency of the ... appeal” It is submitted that Service of Notice of Lodgment of Petition of Appeal ... Order dated 04.08.2009 granting exemption from CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL ... The Appeal abovementioned is listed before the Hon'ble Court with this office p style="position:absolute;white-space:pre;margin:0;
2025 Supreme(Online)(SC) 317 • India - Supreme Court of India
of cheque challenged - Appellant arrested during pendency of appeal - Interim bail granted upon deposit of cheque amount - High ... (A) Negotiable Instruments Act, 1881 - Section 138 - Appeal against High Court order directing surrender - Conviction for dishonour ... The appellant instead of surrendering within the time stipulated in the impugned order, approached this Court with the special leave petition out of which this appeal arises. He was arrested on 8th January, 2025 during the pendenc....
• India - Supreme Court
He submits that the petitioner was on bail since 04.11.2003 during the pendency of the Criminal Appeal in the High Court and, therefore, his application for exemption from surrendering be ... from surrendering. ... FROM FILING O.T. and IA No.9757/2021-EXEMPTION FROM SURRENDERING WITHIN TIME ) Date : 29-01-2021 This petition was called on for hearing today. ... JAYAPRAKASH Petitioner(s) ....
2024 Supreme(Online)(SC) 7926 • India - Supreme Court
The petitioner was on bail during the pendency of the appeal. Considering the facts of the case, the Application for exemption from surrendering is rejected. ... FROM FILING O.T. and IA No.118179/2021-EXEMPTION FROM SURRENDERING WITHIN TIME IA No. 118178/2021 - EXEMPTION FROM FILING O.T. ... IA No. 118179/2021 - EXEMPTION FROM SURRENDERING WITHIN TIME) Date : 18-11-2021 These matters were called on for hearing t....
2023 Supreme(Online)(SC) 17907 • India - Supreme Court
SANJAY KAROL, J
... ... Result: The application for exemption from surrendering stands dismissed. ... ... ... Findings of Court: ... After weighing the facts, the court did not consider granting exemption from surrendering. ... ... ... Issues: The court examined the application for exemption from surrendering based on the petitioner's conduct and family circumstances ... 2 The learned counsel further submitted that during the pendency of the appeal before the....
2017 0 Supreme(Jhk) 1304 • India - Jharkhand
RONGON MUKHOPADHYAY
Compromise - Exemption from Surrender - The court allowed the petitioner to be exempted from surrendering in view of the compromise ... Act, which was subsequently affirmed in appeal. ... However, during the pendency of the revision application, a compromise was reached between the parties, and the entire amount as ... Act which was subsequently affirmed in appeal. However during the pendency of this revision application the matter has been compromised between the parties and the entir....
2006 5 Supreme 596 • India - Supreme Court
ARIJIT PASAYAT, ALTAMAS KABIR
was whether accused who preferred criminal appeal though as a matter of right has to first surrender or seek exemption from surrendering ... from surrendering. ... from surrendering. ... Question is whether the accused who prefers a Criminal Appeal though as a matter of right has to first surrender or seek exemption from surrendering. Order XXI Rule 13A of the Rules is relevant in this context. ... The requirements of Order XXI Rule 13A are mandatory....
• India - Crimes
ARIJIT PASAYAT, ALTAMAS KABIR
whether accused who preferred criminal appeal though as a matter of right has to first surrender or seek exemption from surrendering ... from surrendering. ... from surrendering. ... Question is whether the accused who prefers a Criminal Appeal though as a matter of right has to first surrender or seek exemption from surrendering. Order XXI Rule 13A of the Rules is relevant in this context. ... The requirements of Order XXI Rule 13A are mandatory in ....
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