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HIGH COURT OF GUJARAT
IJV, SNB
BHARATBHAI TAPUBHAI VALA – 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 Bharatbhai Tapubhai Vala, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 120B, 143, 147, 148, 325, 326, 302, 149, 34 of the Indian Penal Code.
3. The present appeal and the application for suspension of sentence arise from the judgment dated 28.08.2023 and order of sentence passed in Sessions Case No. 70 of 2010, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.143 r/w 120B , 34 and 149 of IPC | RI for 6 months | 1000 | RI for 15 days |
| S. 147, 149, 120B, 34 of IPC | RI for 2 yrs | 1000 | RI for 15 days |
| S.148, 120B 34. 149 | RI for 3 Yrs | 1000 | RI for 15 days |
| S.325, 120B, 34, 149 of IPC | RI for 7 yrs | 1000 | RI for 15 days |
| S.326, 120B, 34, 149 of IPC | RI for life | 5000 | RI for 30 days |
| S.302, 120B, 34, 149 of IPC | RI for life | 55000 | RI for 6 months |
4. Facts and circumstances giving rise to file appeal as well as this application are that on 22.05.2010, the applicant along with 7 accused formed an un
In cases of free fight, liability is individual, and Section 149 cannot be invoked for constructive liability, as established by the Supreme Court.
The invocation of Section 149 IPC for conviction is improper if fewer than five identified individuals are charged, as essential conditions for unlawful assembly are not met.
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 established criteria for suspending sentences in serious offences, necessitating careful assessment of individual roles and evidence.
The principle of parity justifies the suspension of sentence when the roles of the accused are similar, allowing for appeal considerations.
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 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.
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