Accused was granted suspension of sentence and Bail in Appeal after being convicted for a sentence of 10 years


In the case of accused Sudhar Chand (name changed), he was tried in the court of Sessions on the basis of chargesheet submitted pursuant to investigation into FIR registered in 2011 by police of P.S. Khayala, Delhi on the charge of offence under Section 302/34 IPC (Murder). He was arrested on 29.09.2011 and remain in custody throughout the trial which concluded with judgment dated 22.12.2017 and he was held guilty and convicted for offence under Section 304 Part-II IPC for the stabbing one person to death. By order dated 23.12.2017, the Ld. Trial Court awarded the rigorous imprisonment for 10 years with fine of Rs.50,000/- as punishment.

Accused Sudhar Chand belong to poor strata of society being a labour before he was involved in the present case. As per accused Sudhar Chand he was totally innocent and was falsely implicated. During the trial, he was represented by a legal aid counsel.

After his conviction, he sought Free Legal Aid from our NGO for filing his appeal and application for suspension of sentence before the Hon’ble High Court of Delhi. In view of the poor condition of accused Sudhar Chand and overall facts and circumstances of the case, we accepted his brief. We filed the Crl. Appeal No.221/2018 and also the application for suspension of sentence on his behalf before the Hon’ble Delhi High Court on pro bono basis purely on humanitarian and compassionate ground. The said application for suspension of sentence was registered as Crl. M. (Bail) 313/2018 and our Chief Trustee Sh. Ajay Garg, Advocate argued the appeal and the application for the suspension of sentence on behalf of accused Sudhar Chand and the Hon’ble High Court of Delhi was pleased to admit the said Criminal Appeal vide order dated 27.11.2018 and allowed the application for suspension of sentence and bail was granted to the accused Sudhar Chand by the Hon’ble High Court of Delhi. Our NGO also completed other legal formalities like furnishing of bail bond etc. and got the accused released on bail during the pendency of his criminal appeal.