Saira Rather

Profile description

A conviction and a looming sentence can cast a long shadow over every aspect of life, from employment to family relationships. While an appeal is underway, many clients wonder whether they must serve the sentence immediately or can remain out of prison until the higher court decides. Saira Rather, a determined criminal lawyer based in Chandigarh, focuses on securing a suspension of sentence pending appeal. By acting promptly in the Punjab and Haryana High Court, the lawyer aims to protect the client’s daily life and preserve the presumption of innocence throughout the appellate process.

Saira Rather regularly assists clients by filing an application for suspension of sentence under Section 389 of the Criminal Procedure Code. The petition outlines the grounds for relief, such as the existence of a pending appeal, the client’s clean record, and the risk of irreparable hardship if incarceration begins before the appellate court’s decision. The lawyer prepares a concise affidavit, gathers character certificates, and, when appropriate, includes expert opinions on the impact of incarceration on the client’s health or family. By presenting this comprehensive dossier to the Punjab and Haryana High Court, the lawyer seeks an interim order that stays the operative portion of the sentence until the appeal is resolved.

In the Punjab and Haryana High Court, the lawyer argues that the principle of ‘fresh‑water’ – the right to remain free while the legal merits are still under review – is a cornerstone of criminal jurisprudence. The lawyer points to prior high‑court rulings that emphasize the importance of not punishing a client before a final verdict. By highlighting the client’s stable employment, family responsibilities, and lack of prior convictions, the lawyer strengthens the case for suspension. The high court often grants such orders when the appeal raises substantive questions of law or fact that could overturn the conviction.

If the high court denies the suspension or if the appeal progresses to a higher level, Saira Rather can elevate the matter to the Supreme Court of India. The lawyer prepares a special leave petition that underscores the miscarriage of justice that would occur if the client were forced to serve the sentence before the appeal is heard. By citing precedent‑setting Supreme Court decisions and presenting detailed hardship documentation, the lawyer seeks an interim stay of the sentence nationwide. A favorable order from the apex court not only preserves the client’s liberty but also signals the seriousness of the legal questions involved.

Saira Rather earned an LL.B from Panjab University and completed a Master of Laws with a focus on Criminal Procedure at the Indian Law Institute, New Delhi. Over the past twelve years, the lawyer has handled more than eighty applications for suspension of sentence pending appeal in the Punjab and Haryana High Court. Notable achievements include obtaining a high‑court stay that prevented a five‑year imprisonment term while a complex murder appeal was pending, and securing a Supreme Court interim order that halted the execution of a death sentence until the appellate review concluded. These successes reflect a deep understanding of procedural law and a commitment to safeguarding client rights at every stage.

The lawyer’s approach combines swift filing with thorough preparation. After a confidential consultation, Saira Rather assesses the case facts, collects all relevant documents, and drafts the suspension petition within the required time frame. The lawyer keeps the client informed at each hearing, explaining the legal implications in plain language. By coordinating with senior advocates and subject‑matter experts, the lawyer builds a compelling argument that maximizes the chance of an interim stay. Clients benefit from a proven track record of preserving freedom while appeals are pending, allowing them to focus on personal and professional responsibilities.

Criminal Law Practice Areas