Back
HIGH COURT OF GUJARAT
ILESH J. VORA, HEMANT M. PRACHCHHAK, JJ
FARDIN SARAFUDIN JHARKOL – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
ILESH J. VORA, J.
1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.
2. By way of this application under Section 430(1) of BNSS, 2023, the applicant Fardin Sarfuddin Jharkol, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302, 324 of the Indian Penal Code.
3. The present appeal and the application for suspension of sentence arise from the judgment dated 28.07.2016 and order of sentence passed in Sessions Case No. 25 of 2013, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.302 of IPC | RI for Life | 1000 | SI for 30 days |
| S. 324 | RI for 1 yr | 500 | SI for 15 days |
4. Facts and circumstances giving rise to file present application is that, on 15.02.2012, the applicant- accused and others have hatched the criminal conspiracy to kill the deceased Raja @ Rafiuddin Saiyed and in order to execute the said conspiracy, the accused armed with knives, inflicted fatal blows on the body of the deceased, as a result of which, he succumbed to his injuries. The motive behind the murder was relationship of the deceased with sister
The principle of parity can justify the suspension of a sentence when the roles of co-accused are similar and delays in appeal hearing are significant.
In murder convictions, post-conviction suspension of sentence is rare; courts assess evidence's prima facie durability and must have compelling justifications.
The principle of parity applies in suspension of sentence cases when co-accused have similar roles and durations of imprisonment.
The principle of parity allows for suspension of sentence when the roles of co-accused are considered, leading to a favorable decision for the applicant.
The principle of parity allows for the suspension of a sentence when the applicant's role in the crime is less severe than that of the principal accused.
The court upheld that minimal involvement in a crime justifies a liberal approach to suspending a sentence pending appeal under IPC provisions.
The principle of parity justifies the suspension of sentence when the roles of the accused are similar, allowing for appeal considerations.
Suspension of sentence granted due to insufficient circumstantial evidence and the applicant's prolonged imprisonment without appeal prospects.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
