In a murder case, criminal lawyers in Chandigarh suggest that suspension of sentence should not be filed before around half the sentence is over. This means a wait of five to seven years. But we do not follow any such straight jacket formula. We always insist on reading complete file when someone asks our suggestion on when to apply for suspension of sentence under section 389 of the Criminal Procedure Code in a heinous offense like murder or rape. In such matters, everything depends on facts and circumstances of the case. In one of the murder cases, we have got a person released from jail in merely three months and 29 days only. That too, on the very first date of hearing.
The case was that in the first information it was alleged by the complainant that five persons who were armed with gandasi, rod and swords inflicted injuries on relative of the complainant and after inflicting injuries, those five persons dragged the relative and brought him to their house where they again gave several injuries on the body of the relative. He was then taken to civil Hospital from where he was referred to DMC, Ludhiana. And that person died because of those injuries after five days. In our appeal, we took the plea that the injuries mentioned in the medico-legal report were different from the injuries mentioning the post-mortem report. In the medico legal report, it was mentioned that the deceased had only two injuries while in the post-mortem report it was mentioned that the deceased had four injuries and he died because of 32 cm injury on his head. We argued that it was not possible for any doctor to oversee such an injury of 32 cm and that too on the head of the deceased. This meant that the deceased was given injuries on the head on way to hospital. Apart from this, this particular applicant was not charge-sheeted by the police during their investigation.
Our client was released and application for suspension of sentence was allowed. A copy of the said order of suspension of sentence can be found here