Application by an Accused to Surrender in the Court – Drafting & Format
When an accused has been issued a warrant and he wants to surrender before the court. In this kind of scenario, a well-drafted application for surrender has to be filed in the court. This application will inform the court of the accused’s intention that he wants to submit to its jurisdiction and also include a request to cancel the warrant and bail.
For new advocates or the law students who are entering into the field of criminal litigation, they should know how to draft such an application which is both a practical necessity and a valuable professional skill.
What is a surrender application?
A surrender application is usually filed by or on behalf of an accused against whom the arrest warrant has been issued. This arrest warrant usually is issued because they have failed to appear before the court. This application informs the court that the accused person is now ready to voluntarily surrender himself and is seeking relief like cancellation of warrant, grant of bail and the permission to participate in the case proceedings further.
What are the key components of this application?
Let’s break down the standard structure of surrender application and the logic behind each part of it.
– Title and the court heading, which helps the registry and the judge of the court to quickly identify the case type, section and its district.
– Cause title, which clearly states who is the complainant and the accused along with their details.
– Salutation, which is a formal introduction which sets the tone for the body of the application.
– The key points should be presented in different paragraphs, which includes one key point logically:
– Accused status, which identifies the applicant as an accused. In this case, mention the issued warrant.
– Non-execution, which states that the warrant has not been executed yet.
– Reason for non-appearance, in this explain that the accused was never served with the summons or was out of the station.
– Refute absconding allegation, mention if the complainant has falsely claimed that the accused was absconding.
– Voluntarily surrender, clearly include that the applicant is surrendering before the court.
– Intention to cooperate, assure the court that the accused is not a flight risk and he is willing to cooperate and contest the case.
– Readiness to furnish bail, declare the readiness to comply with bail conditions so that a bail is granted.
– Prayer clause, which is the most important and crucial part. It must clearly request the cancellation of the arrest warrant, enlargement on bail and any other relief which the court may deem just.
Tips:
– Avoid unnecessary storytelling and focus on the facts relevant to the court decision and be accurate and concise in this application.
– Maintain a proper and respectful tone while referring to the complainant’s action, don’t be aggressive against the complainant.
– If you are seeking bail, prepare your client’s surety documents and be ready with the sureties.
Below is the sample draft
Application by an Accused to Surrender in the Court
BEFORE THE HON’BLE COURT OF ___________________
Transfer Application No. _________ of _________
(Under Section _________ of I.P.C./Cr.P.C.)
District: _____________
In the matter of:
STATE:
or
Sri _____________________,
S/o ____________________,
R/o _______________________,
P.S. _______________,
District ___________.
… Complainant
Versus
Sri _____________________,
S/o ____________________,
R/o _______________________,
District ___________.
… Accused
To
The Hon’ble Judge of the aforesaid Court,
The humble application of the accused most respectfully showeth:
That the applicant is the accused No. ________ in the above-mentioned case, in which a warrant of arrest was issued by this Hon’ble Court on the request of the complainant on _________.
That the said warrant of arrest has not been executed till date.
That the applicant respectfully submits that he was never served with any notice or summons in the aforesaid case.
That the applicant was out of station since before the filing of the present complaint case, and therefore, could not have received any notice or summons.
That the complainant has mala fidely represented before this Hon’ble Court that the applicant was absconding to avoid service of summons, which is not true.
That the applicant voluntarily surrenders himself before this Hon’ble Court today.
That the applicant is a law-abiding and respectable citizen and has no intention to abscond. The applicant is ready and willing to contest the present case on merits.
That the applicant undertakes to furnish bail to the satisfaction of this Hon’ble Court.
PRAYER
In view of the above submissions, it is most respectfully prayed that this Hon’ble Court may kindly:
Cancel the warrant of arrest issued against the applicant, and
Be pleased to enlarge the applicant on bail.
Such other and further orders may also be passed as deemed fit and proper in the interest of justice.
Date: ____________
Place: ___________
Applicant
(Signature)
Through Counsel
(Name & Signature of Advocate)
