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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
SHANABHAI BHURABHAI TARBADA KODI – 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 Shanabhai Bhurabhai Tarbada Kodi, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302, 201, 365, 324 of the Indian Penal Code.
3. The present appeal and the application for suspension of sentence arise from the judgment dated 15.05.2023 and order of sentence passed in Special Atrocity Case No. 12 of 2021 (Old Special Atrocity Case No. 02 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 6 months |
| S. 201 | SI for 6 months | 500 | SI for 10 days |
| S.365 | SI for 1 Yr | 500 | SI for 20 days |
| S.324 | RI for 6 months | 1000 | SI for 10 days |
4. Facts and circumstances giving rise to file appeal as well as this application are that the complainant, being the eldest brother amongst other siblings, is married to one Bhavnaben D/o. Sureshbhai, a resident of Bhanadra. Further, it is the case of the prosecution that on 10th December 2019, the complainant wa
The principle of parity justifies the suspension of sentence when the roles of the accused are similar, allowing for appeal considerations.
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 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 applies in suspension of sentence cases when co-accused have similar roles and durations of imprisonment.
The court may suspend a sentence if the applicant demonstrates insufficient evidence of involvement in the crime, allowing for bail pending appeal.
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 conviction appears to be against the evidence and established legal principles.
The court emphasized that circumstantial evidence must unequivocally indicate guilt, and insufficient evidence warrants suspension of sentence.
Suspension of sentence granted due to contradictions in witness statements and lack of evidence linking the applicant to the crime.
The court may suspend a sentence if the applicant demonstrates a case for it, particularly considering the length of incarceration and the adequacy of evidence regarding the victim's age.
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