Top 10 Suspension of Sentence Pending Appeal Lawyers in Chandigarh High Court

The right to seek suspension of sentence pending appeal is a critical procedural safeguard embedded within the criminal justice system, specifically designed to protect an individual's liberty against the potential injustice of serving a sentence that may ultimately be overturned. For those convicted in the sessions courts of Chandigarh and its adjoining areas, the Punjab and Haryana High Court at Chandigarh serves as the primary appellate forum where this right is invoked under Section 389 of the Code of Criminal Procedure. The application for suspension is not a mere formality but a distinct legal proceeding that demands nuanced advocacy, as the court must balance the presumption of innocence during the appeal against societal interests and the gravity of the offense. Lawyers in Chandigarh High Court specializing in this niche understand that success hinges on persuasively framing the application within the court's discretionary power, emphasizing the protective essence of appellate review to prevent irreversible harm from premature incarceration.

Within the jurisdiction of the Chandigarh High Court, the decision to suspend a sentence is profoundly influenced by a rights-protection jurisprudence that increasingly acknowledges the harsh realities of appellate delays. A convicted individual facing immediate imprisonment after trial sees their personal and professional life disrupted, often causing damage that cannot be remedied even if the appeal succeeds years later. The court, therefore, examines factors such as the prima facie merits of the appeal, the nature and severity of the sentence, the appellant's conduct during trial, and the likelihood of the appeal being heard expeditiously. Lawyers adept in this domain must craft arguments that go beyond legal technicalities to humanize the appellant, presenting a compelling case for liberty as a constitutional right that should not be suspended merely due to a trial court's verdict, which is still subject to challenge.

Engaging lawyers in Chandigarh High Court who focus on suspension of sentence matters is thus a strategic imperative rooted in the protection of fundamental rights. These practitioners are familiar with the specific inclinations of different benches within the Punjab and Haryana High Court, the local prosecutorial patterns of the Chandigarh UT administration, and the evolving case law that shapes discretionary relief. They approach each application as a dedicated motion that requires meticulous dissection of the trial record to isolate reversible errors, coupled with a thorough presentation of the appellant's personal circumstances to mitigate concerns regarding flight risk or witness intimidation. The outcome of such an application can define the entire appellate journey, making the choice of representation a decision with profound implications for liberty and justice.

The procedural landscape for suspension in Chandigarh High Court is also shaped by practical realities such as case backlog, the urgency of securing interim orders, and the need for precise documentation. A poorly drafted application or a failure to anticipate prosecutorial objections can result in denial, consigning the appellant to custody for months or years pending appeal. Therefore, the role of the lawyer extends to strategic timing, careful preparation of affidavits and compilations, and persuasive oral advocacy that highlights the core principles of fairness and liberty. This directory focuses on legal practitioners in Chandigarh whose practices are oriented towards this specific remedy, providing a resource for those navigating the critical interface between conviction and appellate review.

Legal Principles and Practical Realities of Suspension in Chandigarh High Court

The legal foundation for suspending a sentence pending appeal is Section 389 of the Code of Criminal Procedure, 1973, which confers discretionary power upon the appellate court to order that the execution of the sentence or order appealed against be suspended, and also, if the appellant is in confinement, that he be released on bail. In the Chandigarh High Court, this discretion is exercised judiciously, with courts often reiterating that the power is to be used liberally when the appeal is not frivolous and the sentence is not of an exceptionally severe nature. However, the term "liberal" is interpreted through a rights-protection lens, meaning that the default position should lean towards liberty unless concrete reasons exist to deny it, such as a high risk of the appellant absconding, tampering with evidence, or being a threat to society. The court's analysis begins with a preliminary assessment of the appeal's merits—not a full-fledged hearing, but an examination of whether substantial questions of law or fact exist that warrant detailed appellate scrutiny.

From a rights-oriented perspective, the Chandigarh High Court frequently considers the principle that a person should not be made to suffer the entire sentence or a substantial part of it before the appeal is decided, especially when the appeal process is protracted. This consideration is grounded in Article 21 of the Constitution, which guarantees the right to life and personal liberty, and includes the right to a speedy trial and appeal. Consequently, in cases where the sentence is relatively short, say a few years, and the appeal may take longer to be heard, the court is often inclined to suspend the sentence to prevent the appeal from becoming infructuous. Similarly, if the appellant was on bail during the trial and complied with all conditions, this is a strong factor in favor of suspension, as it demonstrates reliability and roots in the community. Lawyers must emphasize these factors, framing them not as mere concessions but as entitlements under a fair justice system.

The nature of the offense plays a significant role in the Chandigarh High Court's calculus. For convictions involving heinous crimes like murder, rape, or large-scale narcotics trafficking under the NDPS Act, the court adopts a more cautious approach. However, even in such cases, suspension is not automatically barred. Lawyers can argue for suspension by highlighting mitigating circumstances, such as the appellant's age, health, the time already spent in custody during trial, or glaring legal infirmities in the conviction. For instance, if the conviction rests solely on uncorroborated testimony or if there is a clear error in the application of law, these points can form the basis for a strong suspension plea. The court also considers the conduct of the appellant post-conviction, including any delay in filing the appeal or the suspension application itself.

Procedurally, an application for suspension of sentence is typically filed as an interlocutory application in the pending appeal. It must be accompanied by a copy of the trial court judgment, the appeal memo, and an affidavit from the appellant detailing the grounds for suspension and personal circumstances. In Chandigarh High Court, the registry may list the matter before a single judge or a division bench depending on the sentence length and the nature of the offense. The prosecution, represented by the State of Punjab, Haryana, or the Union Territory of Chandigarh, will oppose the application, often citing the seriousness of the crime and potential threats to public order. Effective lawyering involves preemptively addressing these objections in the application itself, perhaps by proposing stringent conditions such as surrender of passport, regular reporting to a police station, or providing substantial surety bonds. The court may grant interim suspension pending detailed hearing, especially if the appellant is in custody and the application appears prima facie meritorious.

Practical challenges specific to Chandigarh High Court include the volume of criminal appeals and the consequent scheduling delays. Lawyers must therefore be proactive in seeking urgent listings, particularly when the appellant is in custody and the sentence is short. They must also be adept at managing the court's expectations during oral arguments, which are often brief due to time constraints. This requires the ability to distill complex legal arguments into concise, persuasive points that immediately capture the judge's attention to the rights at stake. Additionally, lawyers must stay updated on recent judgments from the Punjab and Haryana High Court that refine the criteria for suspension, as local precedents heavily influence discretionary decisions. For example, a line of cases may emphasize the right to liberty in economic offenses, while another may restrict suspension in certain violent crimes. Navigating this jurisprudence is essential for tailoring arguments that resonate with the current judicial mindset.

Ultimately, the suspension of sentence pending appeal is a remedy that embodies the protective function of appellate courts. In Chandigarh High Court, its grant is not an expression of doubt on the conviction but an acknowledgment that the appellate process must be meaningful and not render the right to appeal illusory. Lawyers specializing in this area must therefore blend legal acumen with a deep commitment to safeguarding their clients' liberty, ensuring that the period between conviction and final appellate decision does not become a punishment in itself without due process. This rights-protection framing is central to effective advocacy in suspension matters, transforming a procedural motion into a vital defense of constitutional guarantees.

Choosing a Lawyer for Suspension of Sentence Applications in Chandigarh

Selecting a lawyer to handle a suspension of sentence application in the Punjab and Haryana High Court at Chandigarh requires a focus on specific competencies that align with the rights-protection objectives of such a motion. The lawyer must possess not only a thorough understanding of criminal appellate procedure but also a strategic mindset geared towards preserving liberty during the appeal. Given the discretionary nature of the relief, the lawyer's ability to persuasively articulate why suspension is justified in light of legal errors and personal circumstances is paramount. This necessitates a practitioner who is intimately familiar with the Chandigarh High Court's evolving jurisprudence on Section 389 CrPC, including the tendencies of individual judges and the common objections raised by the prosecution in Chandigarh cases.

Experience in criminal appellate practice before the Chandigarh High Court is a fundamental criterion. Lawyers who regularly file and argue appeals are more likely to have a nuanced grasp of what arguments resonate with the court in suspension matters. They should have a track record of handling cases similar to the appellant's, whether involving specific statutes like the IPC, NDPS Act, or prevention of corruption laws. This experience enables them to anticipate the prosecution's lines of opposition and prepare counterarguments effectively. For instance, in cases involving narcotics offenses, the prosecution often argues the seriousness of the crime and societal harm; a seasoned lawyer would counter by highlighting procedural lapses in seizure or analysis, or the appellant's minor role, to establish prima facie merits for appeal and thus for suspension.

The lawyer's approach to case preparation is equally critical. A strong suspension application is a composite document that weaves together legal analysis from the trial record, a compelling narrative of the appellant's personal situation, and a rights-based argument for interim liberty. Lawyers should demonstrate meticulousness in reviewing the trial court judgment, identifying clear legal errors such as misapplication of law, improper appreciation of evidence, or violation of procedural safeguards. They should also gather and present documents that humanize the appellant, such as medical reports, proof of employment, family responsibilities, or community ties, to establish low flight risk and reinforce the injustice of immediate incarceration. In Chandigarh, where the High Court serves a diverse population, contextualizing the appellant within local social and economic realities can be persuasive.

Advocacy style during hearings is another key consideration. Suspension applications are often heard in busy courts, requiring lawyers to make concise, impactful oral submissions that highlight the core issues without getting bogged down in minutiae. Lawyers should be able to quickly respond to judicial queries, propose practical conditions to address court concerns, and emphasize the rights-protection principles underpinning the request. A lawyer who can eloquently argue that suspension upholds the presumption of innocence during appeal and prevents irreparable harm to the appellant's life is more likely to succeed. Additionally, lawyers with good standing in the Chandigarh High Court bar may have smoother interactions with the registry and prosecutors, facilitating procedural efficiencies such as quicker listings or agreeable conditions.

Finally, resources and collaborative capacity matter. Suspension applications may require coordination with trial court lawyers to obtain certified copies of documents, or with investigators for additional evidence. Law firms or practitioners with a team approach can manage these logistical aspects efficiently, ensuring that the application is filed promptly and with all necessary annexures. Lawyers should also be transparent about the process, advising clients on realistic timelines, potential outcomes, and the importance of complying with any conditions imposed. In essence, the ideal lawyer for suspension matters in Chandigarh High Court combines substantive legal knowledge, persuasive advocacy, diligent preparation, and a steadfast commitment to protecting the client's right to liberty throughout the appellate process.

Best Legal Practitioners for Suspension of Sentence Matters in Chandigarh High Court

The following legal practitioners and firms are recognized for their involvement in criminal appellate practice before the Punjab and Haryana High Court at Chandigarh, with a specific focus on suspension of sentence and related interim remedies. This listing is based on their known areas of practice and experience in handling such motions, providing a resource for those seeking representation in Chandigarh. Each profile outlines their connection to this specific legal domain, within realistic and non-promotional parameters.

SimranLaw Chandigarh

★★★★★

SimranLaw Chandigarh is a legal firm that practices before the Punjab and Haryana High Court at Chandigarh and the Supreme Court of India, with a focus on criminal appellate litigation. The firm's practitioners are involved in representing clients in appeals against convictions, including filing applications for suspension of sentence under Section 389 CrPC. Their approach often involves a detailed analysis of trial records to identify substantive legal grounds that support the prima facie case for suspension, coupled with arguments emphasizing the protective scope of appellate remedies. In Chandigarh High Court, the firm engages with the nuances of local jurisprudence to advocate for clients' liberty during the appeal process.

• Filing and arguing applications for suspension of sentence under Section 389 CrPC in the Punjab and Haryana High Court.
• Handling criminal appeals against convictions from sessions courts in Chandigarh, Punjab, and Haryana.
• Addressing legal issues related to the suspension of sentence in cases involving narcotics offenses under the NDPS Act.
• Representing appellants in matters where the sentence is of a shorter duration, arguing for suspension to prevent rendering the appeal infructuous.
• Preparing comprehensive application drafts that highlight errors in trial court judgments and personal circumstances favoring liberty.
• Negotiating and proposing conditions for suspension, such as surety bonds and reporting requirements, to alleviate court concerns.
• Liaising with trial court lawyers to obtain necessary documents and records for appellate proceedings.
• Advising on strategic timing for filing suspension applications in relation to appeal memos.

Catalyst Legal Consultants

★★★★☆

Catalyst Legal Consultants operates in Chandigarh with a practice that includes criminal law matters before the High Court. Their work in suspension of sentence cases involves crafting petitions that balance legal arguments with equitable considerations, particularly focusing on the rights of appellants to avoid premature incarceration. The firm's advocates are familiar with the procedural requirements of the Chandigarh High Court and strive to present cases in a manner that aligns with the court's discretionary standards for granting suspension.

• Representation in suspension of sentence applications for convictions under the Indian Penal Code, such as those for theft, assault, or cheating.
• Handling appeals and suspension motions in cases involving white-collar crimes and economic offenses.
• Advocacy emphasizing the appellant's right to liberty and the presumption of innocence during appellate review.
• Preparing affidavits and supporting documents that detail the appellant's background and low flight risk.
• Addressing prosecutorial objections related to the severity of offenses or potential witness tampering.
• Utilizing Chandigarh High Court precedents on suspension for similar offenses to strengthen applications.
• Coordinating with clients during the suspension period to ensure compliance with court conditions.
• Providing guidance on the interplay between suspension of sentence and other reliefs like parole or interim bail.

Advocate Sujata Singh

★★★★☆

Advocate Sujata Singh practices criminal law in Chandigarh, with appearances before the Punjab and Haryana High Court in appellate matters. Her practice includes seeking suspension of sentence for clients convicted in trial courts, with an emphasis on protecting clients' rights through diligent legal argumentation. She focuses on presenting clear legal errors from trial proceedings and contextual factors that favor suspension, aiming to secure relief that allows appellants to remain out of custody while their appeals are pending.

• Filing suspension applications for convictions under special statutes like the Prevention of Corruption Act.
• Representing female appellants, highlighting gender-specific considerations in suspension arguments before the Chandigarh High Court.
• Arguing based on delays in trial or appeal processes as grounds for suspension to prevent injustice.
• Preparing compilations of evidence and trial transcripts to support suspension petitions.
• Engaging with prosecuting agencies in Chandigarh to negotiate conditions for suspension.
• Focusing on cases where appellants have medical conditions or family hardships that merit suspension.
• Advising on the procedural steps for urgent listing of suspension applications in the High Court.
• Handling suspension matters in appeals against convictions for offenses against property.

Advocate Pavan Singh

★★★★☆

Advocate Pavan Singh is a criminal lawyer practicing in Chandigarh, regularly appearing before the Punjab and Haryana High Court in criminal appeals. His work involves applications for suspension of sentence, where he leverages knowledge of local legal trends to advocate for clients. He approaches such motions with a focus on the factual and legal weaknesses in the prosecution case, arguing that these create a sufficient basis for suspension pending a full appellate hearing.

• Representation in suspension of sentence cases for convictions under the Arms Act or other regulatory offenses.
• Handling appeals from trials held in Chandigarh district courts, ensuring proper documentation for High Court proceedings.
• Arguing for suspension in cases where the appellant was on bail during trial and did not violate conditions.
• Preparing legal memoranda that cite recent Chandigarh High Court judgments on suspension criteria.
• Addressing issues of sentence severity, such as arguing for suspension when the sentence is relatively short compared to appeal delays.
• Collaborating with senior counsel for complex suspension matters involving legal intricacies.
• Providing representation for appellants from outside Chandigarh who are appealing to the Punjab and Haryana High Court.
• Focusing on suspension applications in convictions based on circumstantial evidence.

Advocate Abhay Path

★★★★☆

Advocate Abhay Path practices criminal law in Chandigarh, with a focus on appellate defense before the Punjab and Haryana High Court. His involvement in suspension of sentence matters centers on constructing arguments that highlight the reversible errors in trial court judgments and the equitable grounds for allowing liberty during appeal. He is attentive to the procedural aspects of filing and hearing such applications in the Chandigarh High Court.

• Handling suspension applications for convictions in cases involving moral turpitude or public order offenses.
• Representing appellants in appeals against sentences imposed under the Excise Act or similar local laws.
• Emphasizing the appellant's community ties and employment status to demonstrate low risk of absconding.
• Preparing applications that integrate medical or humanitarian grounds for suspension.
• Arguing against prosecutorial assertions of flight risk based on the appellant's past conduct.
• Utilizing digital tools for managing case documents and legal research specific to Chandigarh High Court rulings.
• Advising on the implications of suspended sentence conditions on daily life and legal obligations.
• Handling suspension matters where the appeal involves substantial questions of law.

Advocate Kavita Sethi

★★★★☆

Advocate Kavita Sethi is a criminal lawyer in Chandigarh with experience in the Punjab and Haryana High Court, particularly in criminal appeals and related interim reliefs. Her practice includes seeking suspension of sentence for clients, with a rights-oriented approach that stresses the protective function of appellate courts. She focuses on presenting comprehensive applications that address both legal merits and personal circumstances to persuade the court to exercise discretion in favor of suspension.

• Representation in suspension applications for convictions under the Dowry Prohibition Act or domestic violence laws.
• Handling appeals where the trial court's sentence is seen as disproportionate to the offense.
• Arguing for suspension based on the appellant's role as a primary caregiver or breadwinner.
• Preparing case summaries that clearly outline legal errors for quick judicial review.
• Addressing gender-based considerations in suspension arguments before the Chandigarh High Court.
• Coordinating with mental health professionals to support suspension pleas on health grounds.
• Advising on the procedural requirements for filing suspension applications alongside appeal memoranda.
• Focusing on cases where the appellant has no prior criminal record, using this to argue for suspension.

Sarin & Partners Law Practice

★★★★☆

Sarin & Partners Law Practice is a Chandigarh-based firm with a criminal litigation team that appears before the Punjab and Haryana High Court. The firm handles a range of criminal appeals and interim applications, including those for suspension of sentence. Their method involves thorough legal research and drafting to present suspension petitions that align with the Chandigarh High Court's criteria, often focusing on the balance between individual rights and public interest.

• Filing suspension applications in complex criminal appeals involving multiple accused or cross-appeals.
• Handling suspension matters for convictions under the Information Technology Act or cyber crimes.
• Preparing detailed written submissions that analyze Chandigarh High Court precedents on suspension.
• Representing corporate officials or professionals appealing convictions in criminal cases.
• Addressing issues of delay in appeal hearing as a ground for suspension.
• Proposing innovative conditions for suspension, such as community service or electronic monitoring.
• Coordinating with experts to challenge forensic or technical evidence in the context of suspension arguments.
• Advising on the strategic aspects of when to seek suspension versus other reliefs.

Eka Law Chambers

★★★★☆

Eka Law Chambers practices in Chandigarh with a focus on criminal defense, including appellate work before the Punjab and Haryana High Court. The chambers' advocates are involved in suspension of sentence applications, emphasizing the procedural safeguards and rights protections inherent in the appellate process. They work to demonstrate that suspension is warranted to prevent irreparable harm to the appellant while the appeal is decided.

• Representation in suspension applications for convictions under the Prevention of Money Laundering Act.
• Handling appeals from trials conducted in fast-track courts in Chandigarh.
• Arguing for suspension in cases where the appellant has already served a portion of the sentence.
• Preparing applications that highlight jurisdictional or procedural errors in the trial court proceedings.
• Engaging with appellate prosecutors in the Chandigarh High Court to discuss suspension terms.
• Focusing on suspension for appellants with advanced age or serious health issues.
• Utilizing legal research tools to stay updated on Chandigarh High Court trends in suspension grants.
• Advising on the impact of suspension on subsequent parole or remission applications.

Harpreet & Co. Law Practitioners

★★★★☆

Harpreet & Co. Law Practitioners is a firm in Chandigarh with a practice encompassing criminal appeals in the Punjab and Haryana High Court. Their work on suspension of sentence cases involves crafting petitions that detail the legal and factual grounds for appeal, while also presenting the appellant's personal circumstances to justify interim liberty. The firm's approach is tailored to the specific demands of the Chandigarh High Court's appellate division.

• Filing suspension applications for convictions in cases of culpable homicide not amounting to murder.
• Handling appeals against sentences imposed under the Gambling Acts or other regulatory statutes.
• Emphasizing the appellant's rehabilitation prospects and lack of danger to society in suspension arguments.
• Preparing compilations of witness inconsistencies or evidentiary gaps to support suspension pleas.
• Addressing prosecutorial arguments regarding the gravity of the offense in suspension hearings.
• Representing appellants from rural areas of Punjab and Haryana appealing to the Chandigarh High Court.
• Advising on the procedural steps for urgent suspension applications in vacation periods.
• Focusing on suspension matters where the trial court denied bail during trial.

Lotus Legal Solutions

★★★★☆

Lotus Legal Solutions is a legal practice in Chandigarh involved in criminal appellate litigation before the Punjab and Haryana High Court. The firm assists clients in seeking suspension of sentence by preparing applications that underscore the merits of the appeal and the equitable considerations favoring release. Their practice includes a focus on the procedural aspects of filing and arguing such motions in the Chandigarh High Court.

• Representation in suspension applications for convictions under the Food Safety and Standards Act.
• Handling appeals where the sentence is suspended by the trial court but challenged by the prosecution.
• Arguing for suspension based on the appellant's educational or vocational engagements.
• Preparing applications that integrate legal citations from Supreme Court and Chandigarh High Court on suspension principles.
• Addressing issues related to the appellant's financial status and ability to furnish surety.
• Coordinating with trial court advocates to ensure a seamless record for appellate purposes.
• Advising on the consequences of violating suspension conditions.
• Focusing on suspension for appellants in cases involving property disputes or civil-criminal overlap.

Procedural Strategy and Rights Protection in Suspension Applications

Successfully navigating a suspension of sentence application in the Punjab and Haryana High Court at Chandigarh requires a strategic approach grounded in procedural diligence and a steadfast commitment to rights protection. The process begins immediately after conviction, as any delay can prejudice the appellant's chances, especially if they are taken into custody. Lawyers must promptly file the appeal along with the suspension application, ensuring that all necessary documents—certified copies of the trial court judgment, evidence of sentence, and a detailed affidavit—are in order. In Chandigarh High Court, the registry may list the application before a single judge for initial orders, and it is crucial to be prepared for urgent mentioning if the appellant is in custody and the sentence is short. The application should clearly state the grounds for appeal and why, in the interim, suspension is warranted, focusing on the prima facie strengths of the appeal and the appellant's personal circumstances.

Documentation plays a pivotal role in convincing the court. Beyond the legal papers, lawyers should gather and annex documents that substantiate the appellant's roots in the community, such as property records, employment letters, family photographs, or medical reports. These materials help counter prosecution arguments about flight risk. For instance, if the appellant has lived in Chandigarh for decades, has family dependents, or suffers from a chronic illness, these factors should be prominently highlighted. The affidavit must be candid and comprehensive, as any falsehood can lead to dismissal and damage credibility. Lawyers should also prepare a concise note of arguments citing relevant judgments from the Chandigarh High Court and Supreme Court that support suspension in similar contexts, such as cases where appeals are likely to take years or where the sentence is less than the expected appeal duration.

Oral arguments before the Chandigarh High Court are often brief, so lawyers must prioritize key points. The opening should immediately address the court's concerns about the nature of the offense, acknowledging its seriousness while redirecting focus to the legal infirmities in the conviction. For example, if the trial court relied on a sole witness whose testimony is contradictory, this should be pointed out as a substantial ground for appeal. Rights-protection arguments should be woven in, emphasizing that the appellant's liberty is at stake and that the constitutional guarantee of a meaningful appeal includes the right to not suffer incarceration before the appeal is heard. Lawyers should be ready to propose reasonable conditions, such as surrendering passports, providing local sureties, or regular police reporting, to assuage any fears about the appellant absconding or interfering with the case.

Timing and procedural tactics are also critical. If the appeal itself is likely to be heard soon, lawyers may argue that suspension is appropriate to avoid unnecessary custody. Conversely, if the appeal is expected to be delayed, the argument shifts to preventing the appellant from serving a substantial part of the sentence before the appeal is decided. In cases where the prosecution strongly opposes suspension, lawyers may seek an interim order for release pending detailed hearing, citing urgent humanitarian grounds. It is also important to monitor the court's calendar and follow up with the registry to ensure the application is listed promptly. Any adjournments should be avoided unless absolutely necessary, as delays can erode the appellant's position.

Finally, appellants must understand that suspension is not a final victory but a provisional relief. Compliance with court-imposed conditions is mandatory, and any violation can result in cancellation of suspension and immediate incarceration. Lawyers should advise clients on the importance of adhering to reporting requirements, not leaving the jurisdiction without permission, and maintaining good conduct. Regular communication with legal counsel is essential to address any issues that arise during the suspension period. By combining thorough preparation, strategic argumentation, and client guidance, lawyers can effectively champion the right to liberty during the appellate process, ensuring that the Chandigarh High Court's discretionary power is exercised in a manner that upholds justice and protects fundamental rights.