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A. S. SUPEHIA, VIMAL K. VYAS
Ramabhai Abhabhai Vadi – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. basis of the conviction under ipc. (Para 2 , 3) |
| 2. status of co-accused and appeals. (Para 4 , 6) |
| 3. hearing requirements under atrocities act. (Para 7 , 8) |
| 4. defense arguments regarding complicity. (Para 9 , 10) |
| 5. prosecution's assertion of role in crime. (Para 11) |
| 6. court's direction on hearing victims. (Para 12 , 13) |
| 7. acquittal impact on necessary hearings. (Para 17 , 18) |
| 8. court's ruling on the suspension of sentence. (Para 21 , 22 , 23) |
JUDGMENT :
(A.S. Supehia, J.)
1. RULE. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. The present application has been preferred by the applicants-convicts under the provisions of Section 389 of the Code of Criminal Procedure, 1973 (for short, the ‘CRPC’), for suspension of sentence imposed upon them vide judgment and order of conviction dated 28th February 2023 passed by the learned Special Judge & Additional Sessions Judge, Sabarkantha at Himmatnagar, in Special (Atrocity) Case No.16 of 2019.
3. By the aforesaid judgment and order, the learned Special Judge has convicted the applicants-appellants for the offences punishable under Sections 376(D), 342, 450 and 506(2) of the INDIAN PEN
A court should generally suspend a fixed-term sentence pending appeal unless exceptional circumstances indicate otherwise.
Issuance of prior notice to victim/complainant for suspension of sentence in pending appeal preferred by the appellant/accused convicted under the offences against woman or child punishable under the....
Suspension of sentence requires strong grounds demonstrating a fair chance of acquittal; mere incarceration duration does not suffice for bail.
(1) Suspension of sentence of life imprisonment and enlargement on bail – Appeals by victim of acid attack – In case of short-term imprisonment for conviction of an offence, suspension of sentence is....
The serving of half of the sentence does not automatically entitle a convict to suspension of sentence.
Court mandates victim notification in bail applications under POCSO to uphold justice and victim rights.
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
In a case of free fight, individual accountability limits the applicability of collective liability under section 149 IPC, thus questioning the validity of convictions based solely on generalized acc....
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