Application for suspension of sentence us 389 of cr.pc following with an appeal against conviction
Anil Verma
(Querist) 19 September 2014
This query is : Resolved
Sir,
My younger son was convicted us 306 of IPC and was awarded sentence of -7- years RI by Hon.Sessions Judge on 09.01.2014. We immediately filed an appeal in the High Court on 15.01.2014 and subsequently filed an application on 25.02.2014 for suspension of sentence us 389 of Cr.PC which was rejected by the Hon. Judge at High Court on 05.03.2014. Again we filed second application for suspension of sentence on 05.08.2014 which was also rejected by the same Hon. Judge who rejected first application.
I would like to mention brief facts of the case for ready reference:
1. On 12.05.2015 my daughter-in-law, who was working women and was working as an Officer in a PSU, commited suicide at about 10.45 AM by hanging herself in a bedroom after locking the door from inside.
2. No Suicide Note found.
3. At the time of her death my son was away from home for the purpose of his business and I called him over mobile.
4. Post Martem report indicated the cause of death due to asphexia and no any type of injuries were found on the body of the deceased.
5. Parents, Brother and Sister of the deceased filed FIR against my son, interalia, alleging that my son was always crual to the deceased, making doubt on her
character and was persistently torturing her mentally. However, they have also admitted that they had never been made any complaint against my son either to parents of the accused or to any appropriate forum.
6. Three independent witnesses (Female Collegues of my daughter-in-law) also obtained by the Police Authorities out of which only one witness was cross examined in the court and other witnesses were not called in the court. The indendent witness made allegations on the mother-in-law of the deceased and not on the accused (my Son) Mother-in-law were not made accused in the case.
7. Police authorites did not taken any written statements/witnesses from neighbours and the peoples residing in surrounded areas.
8. Since the death took place within 7 years of marriage the court presumed the crime us 306 read with 113(A) of IPC.
My question in the matter are as follows:
1. First Bail Application Rejected on 05.03.2014 and Second Bail Application was rejected on 08.09.2014 by the Hon. Judge at High Court. Whether the same is justified more particularly when the same Hon. Judge and Other Hon. Judges of High Court have granted Bail in various serious offences in a shorter time say about within a period of 3-4 months and more after Conviction of the accused.
2. My Son has already passed about 11 months in prison but the Hon. Judge is not being generous to grant Bail (Suspension of Sentence)
3. Two applications of Bail (Suspension of Sentence) have already been rejected by Hon. Judge at High Court, now what should be the future course of action from my side.
4. Most of the peoples who are not capable can't move to supreme court. Some of those even can not afford to go to the High Court. If I go to Supreme Court, that will be last recourse to me because thereafter no option is available to me in the matter.
Kindly some one advice me suitably to enable me to proceed further in the matter.
My some of the quarries were earlier responded by learned lawyers at the forum, within no time, for which I will always remain grateful. Thanking you.
Devajyoti Barman
(Expert) 19 September 2014
Judges are alo fallible but there will have to be finality of decisions.
Unless you challenge the order in higher court you have to comply it.
There is no point in crying hoarse about the order.
Rajendra K Goyal
(Expert) 19 September 2014
You can file appeal against the orders.
Advocate. Arunagiri
(Expert) 19 September 2014
You can use the legal aid services of the Supreme Court for appeal. There is a scheme for paying reasonable fee fixed by the legal aid cell. You have to pay that fee, the legal aid cell will appoint you an advocate.
Otherwise you have to wait for change of circumstances for filing a fresh bail petition.
Raj Kumar Makkad
(Expert) 21 September 2014
I do endorse the wise advice of expert Arunagiri.
T. Kalaiselvan, Advocate
(Expert) 27 September 2014
You wait for some more time and file a fresh application before the high court itself for getting the sentence suspended and he enlarged on bail. At the same time follow up the appeal closely.
