• Case of 420 against my mother

Hi Sudershani,
My Mother  is given imprisonment for 3 years in a 420 case from a Sessions Court, which is rough about 12-13 years old.
Brief about the Case.
She was Principal and Properties of a School and and one fine year the forms of the students got delayed due to which they wasted one year of their lives.
However she was ill during that time and the other people who were accused have been given bail.
Off late on 29th of July court sentenced her for 3 years.
However, she is not in a medical condition to go to jail. She has multiple problems.
1. Hepatitis C ( Which Doctors Doubt has turned into Hepatitis B ) 
2. Arthiritis
3. Haemoglobin issues
4. Liver discorders due to Hepatitcis
5. We got her latest MRi done which shows a lot of issues with her neurogical system as well.
On a normal day also she cannot be left alone and needs assistance to even walk. 
Right now her age is 59.
She has been admitted to the city hospital under police custody.

We have filed a bail petition in High court which was first heard on 5th august, 2015 and a date has been given to lawyer of 10th august to arrange the medical documents and submit.

I want to know are we doing enough to save her or you can please guide us.

Even the police officials who are attending her and the doctors attending her are of the same opinion.
Asked 3 years ago in Criminal Law from Sehore, Madhya Pradesh
Religion: Christian
1. You have exercised the only  available legal recourse to her i.e to file for bail in the High Court. In support of your assertion that she is not medically fit to remain in jail you ought to produce her medical documents in the High Court.

2. In spite of the documents which prove that she is ailing the HC can still deny her bail, whereupon the only option to her would be to move the Supreme Court.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

If she has been convicted and has preferred an appeal , she can apply for suspense of sentence  and then a bail application.
In the given circumstances though the court decides to grant her bail it will be temporary till the disposal of appeal. If appeal has been dismissed then she may have to undergo the jail sentence once again. 
However the possibilities of getting bail is bright. 
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

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