Sentence of imprisonment clarification - reg
sakthi
(Querist) 29 July 2017
This query is : Resolved
Respected Experts, My friend & his spouse is convicted to undergo imprisonment for 2 years. There seems to be some difficulties in approaching the high court inclusive of engaging advocate and its expenditure. My friend is ready to undergo the sentence. They were having one spastic child who is 100% dependent for all his basic needs. If both are imprisoned, the child may be left without care which even endanger the life of child. Is there any remedy to undergo the imprisonment one by one so that any one parent may take care of the spastic child. Any precedent is available in the matter? Whether they have to approach the trial court itself for remedy or the high court for the remedy? Advance thanks for your valuable guidance please.
Guest
(Expert) 29 July 2017
Better discuss with Free Legal Aid Forums available in concerned High Court and go for appeal and seek the bail.There is no such provision in law as you had described
Rajendra K Goyal
(Expert) 29 July 2017
If appeal time is left, they should appeal through free legal aid center.
sakthi
(Querist) 29 July 2017
Much obliged by the experts advice.
Guest
(Expert) 29 July 2017
Welcome Please .............
Kumar Doab
(Expert) 29 July 2017
Act on advise rendered ASAP............
Kumar Doab
(Expert) 30 July 2017
You could have replied to Mr. Suneel Moudgil.
Kumar Doab
(Expert) 30 July 2017
If you are unwilling to engage a private counsel approach Free Legal Aid as already suggested.............
Dr J C Vashista
(Expert) 31 July 2017
In this case, both are different convicts. If the couple is sentenced to undergo imprisonment for 2 years it implied that both of them were involved in a crime, isn't it?
In order to provide help to the convict National/State/District Legal Service functioning under the provisions of Legal Services Act besides few NGOs are providing FREE legal assistance to such jail inmates, they may take help of concerned Jail Superintendent.
How are you concerned with the query?
sakthi
(Querist) 05 August 2017
Respected Advocate Suneel Moudgil, sorry for the belated response. The physical age of the child is 26 years. However, the mental age of the child is only 2 years. He can't talk, walk or eat on his own due to disorder in his motor function. The trial court advocate himself has taken steps to extend his bail another 30 days and filed an appeal before the High Court. However, high court has not yet listed the case. We are contacting the legal aid for assistance. Much obliged for the courtesy shown on us. Respected Dr. JC Vshista, as a well wisher to his family, I was rolling to save the cursed child who is innocent in all respects
Once again my heartful thanks to one and all for the valuable advices given by them.
.
Advocate Suneel Moudgil
(Expert) 29 July 2017
