Bhagwan Rama Shinde Gosai vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1999 Supreme(SC) 647

K.T.THOMAS, M.B.SHAH
Bhagwan Rama Shinde Gosai – Appellant
Versus
State Of Gujarat – Respondent

Order

Leave granted.

This is a case where appellants have been convicted by the trial Court of the offence under Section 392 read with Section 397 and each of them was sentenced to rigoourous imprisonment for 10 years. They filed an appeal before the High Court of Gujarat and moved for suspension of sentence, but that was not allowed. At a later stage they again moved for suspension of sentence and that too was dismissed by the impugned order. Unfortuantely, when they made a motion for having their appeal expedient that also was declined by the High Court on the prmise that the High Court is having older appeals on the board.

2. When a convicted person is sentenced to fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. Of course if there is any statutory restriction against suspension of sentence it is a different matter. Similarly, when the sentence is life imprisonment the consideration for suspension of sentence could be of a different approach. But if for any reason the sentence of limited duration cannot be suspended every endeavour sh

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Judicial Analysis

Examples of supporting language:

"Kiran Kumar VS State Of M. P. - 2000 0 Supreme(SC) 1395: THIS Court has held in Bhagwanram Shinde v." (direct reliance).

"Shiv Kumar VS State of N. C. T. of Delhi - 2008 0 Supreme(SC) 1846: In Bhagwan Rama Shinde Gosai v. ... State of Gujarat [1999 (4) SCC 421] it was inter alia held as follows" (quotes approvingly).

"Angana VS State of Rajasthan - 2009 0 Supreme(Raj) 211: This Court following the observations made in the case of Bhagwan Rama Shinde Gosai" (explicitly followed).

"Aasif @ Pasha v. State of UP - 2025 Supreme(Online)(SC) 10655: Way back in 1999, this Court in 'Bhagwan Rama Shinde Gosai and Others v. State of Gujarat' reported in (1999) 4 SCC 421 stated..." (praised as foundational).

"Raghuwar Singh @ Raghuveer Singh VS State of M. P. - 2015 0 Supreme(MP) 162: Following this view the apex Court in the case of State of Gujarat v. ... has crystallized into a more balanced approach in the decisions of Bhagwan" (affirmed as evolving good law).

**Explanation**: Every snippet shows positive treatment via reliance, quotation, "relied upon," "held as under," "following the observations," "dictum of law," "leading decision," or "in view of the law laid down." No negative treatment observed. The list primarily concerns one case with overwhelmingly consistent approval on suspension of sentence/bail pending appeal for fixed-term sentences.

1999 Supreme(SC) 647

K.T.THOMAS, M.B.SHAHBhagwan Rama Shinde Gosai – AppellantVersusState Of Gujarat – Respondent

Judicial Analysis

K.T.THOMAS, M.B.SHAH
Bhagwan Rama Shinde Gosai – Appellant
Versus
State Of Gujarat – Respondent