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2025 Supreme(GUJ) 243

HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
BHAVESHBHAI RAGHUBHAI KUGASHIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR VIRAT G POPAT(3710) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

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. We have heard Mr. Virat Popat, learned counsel for the applicants and Mr. L B Dabhi, learned APP for the respondent-State.

3. By way of this application under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, applicants seek suspension of sentence awarded to them by the Sessions Court concerned for the offence punishable under Sections 307, 143, 323, 324, 325, 447, 147 and 148 r/w Section 149 of the IPC.

4. The present appeal and the application for suspension of sentence arise from the judgment dated 30.12.2024 and order of sentence passed in Sessions Case No.98 of 2014, whereby, the applicants herein were convicted and sentenced as under:

(i) Section 307 r/w. Section 149 of IPC: R.I. for life and fine of Rs.2,50,000/- and in default thereof, further imprisonment for 1 year;

(ii) Section 143 r/w. Section 149 of IPC: R.I. for 6 months;

(iii) Section 323 r/w. Section 149 of IPC: R.I. for 1 year;

(iv) Section 324 r/w. Section 149 of IPC: R.I. for 3 years;

(v) Section 325 r/w. Section 149 of IPC: R.I. for 7 years;

(vi) Section 447 r/w. Section 1

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