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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
KAMLABEN W/O KANTIBHAI BHURABHAI TALAR – 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 Kamlaben w/o. Kantibhai Bhurabhai Talar, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302, 201, 114 of the Indian Penal Code.
3. The present appeal and the application for suspension of sentence arise from the judgment dated 12.09.2022 and order of sentence passed in Sessions Case No. 18 of 2020, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.302 of IPC | RI for Life | 5000 | SI for 3 months |
| S. 201 & 114 | RI for 3 yrs | 1000 | SI for 1 month |
4. Facts and circumstances giving rise to file appeal as well as this application are that the deceased Kantibhai Talar being the husband of the accused Kamlaben, was the hurdle between the applicant accused and Vijay Talar, as both had extra marital affairs and therefore, both the accused strangulated the deceased on 16.01.2020. Pursuant to the FIR, they were arrested and at the end of investigation, chargesheet came to be fil
The court may suspend a sentence on humanitarian grounds if the applicant demonstrates terminal illness.
The court upheld that minimal involvement in a crime justifies a liberal approach to suspending a sentence pending appeal under IPC provisions.
The court may suspend sentences based on the age and health of the accused, especially when incarceration has been prolonged and appeals are unlikely to be heard soon.
Evidence of a prolonged relationship can influence the decision for suspending a sentence under IPC provisions, particularly where the victim's testimony supports the defense.
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