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HIGH COURT OF GUJARAT
IJV, SNB
PARASJI VIRCHANDJI THAKORE (ZERADIYA) – 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. We have heard Mr.Dineshkumar Prajapati, learned advocate and Mr.L.B. Dabhi, learned APP for the respective parties.
3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Dahyaji Virchandji Thakore (Zeradiya), seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302 and 114 of the Indian Penal Code.
4. The present appeal and the application for suspension of sentence arise from the judgment dated 06.01.2021 and order of sentence passed in Sessions Case No. 92 of 2018, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment Fine | In default |
| S.302 read with 114 of IPC | Life Rs.10,0 Imprisonment 00/- | Imprisonment for 3 months |
5. Facts and circumstances giving rise to file present application are that on 09.08.2017, according to the case of the prosecution, the accused in furtherance of their common intention, caused fatal injuries to the deceased Bhudarji by using deadly weapon like pipe, sticks, etc. Pursuant to
The court may suspend a sentence if the conviction appears to be against the evidence and established legal principles.
The court may suspend a sentence during the appeal process if the applicant has served a significant portion of the sentence and no exceptional circumstances exist to deny such suspension.
The court may suspend a sentence if the applicant demonstrates insufficient evidence of involvement in the crime, allowing for bail pending appeal.
The court ruled that the injuries inflicted were not intended to cause death, indicating culpable homicide rather than murder, thus justifying the suspension of sentence.
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.
Suspension of sentence granted due to contradictions in witness statements and lack of evidence linking the applicant to the crime.
The principle of parity justifies the suspension of sentence when the roles of the accused are similar, allowing for appeal considerations.
The mere presence of an accused does not imply shared intention to commit murder; suspension of sentence granted due to lengthy incarceration and fair chances of appeal.
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 principle of parity applies in suspension of sentence cases when co-accused have similar roles and durations of imprisonment.
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