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HIGH COURT OF GUJARAT
ILESH J. VORA, HEMANT M. PRACHCHHAK, JJ
SIPAI SAHEJADKHAN RAHEMANKHAN SARVARKHAN – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
ILESH J. VORA, J.
1. After arguing sometime, learned advocate Mr.Yogendra Thakore, for the applicants does not press this application and seeks permission to file fresh application after period of 3 years qua applicant no. 1. Permission as sought for is granted. With aforesaid liberty, application stands disposed of as not pressed qua applicant no. 1. Notice discharged.
2. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.
3. By way of this application under Section 430(1) of BNSS, 2023, the applicant No. 2 – Sipai Rahemankhan Sarvarkhan Pirumiya, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 304(1), 114 of the Indian Penal Code.
4. The present appeal and the application for suspension of sentence arise from the judgment dated 28.05.2024 and order of sentence passed in Sessions Case No. 11 of 2022, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.304(1) of IPC | RI for 10 yrs | 20000 | SI for 2 months |
5. Facts and circumstances giving rise to file appeal as well as this application are that on 06.03.2022, at
The court upheld that minimal involvement in a crime justifies a liberal approach to suspending a sentence pending appeal under IPC provisions.
Suspension of sentence under Section 389 requires a strong case, considering the gravity of the crime and the applicant's past conduct, which was not established in this instance.
Suspension of sentence is generally favored for fixed term convictions during appeal when significant time has been served and the case shows merit for reconsideration.
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
The court allowed the suspension of sentence based on the convict's lengthy custody and the nature of the dispute, emphasizing conditions for bail and future appearances.
The court may suspend a sentence on humanitarian grounds if the applicant demonstrates terminal illness.
The court emphasized the need to meticulously assess all relevant factors when considering an application for suspension of a sentence for serious offenses like murder.
The court has the discretion to suspend a sentence if circumstances justify, such as the duration of custody and potential delays in the appeal process.
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