Back
HIGH COURT OF GUJARAT
IJV, SNB
KAMLESHKUMAR MANUBHAI PARMAR – 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 Kamleshkumar Manubhai Parmar, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 363, 364, 365, 506(2), 302, 201, 34, 120B of the Indian Penal Code.
3. The present appeal and the application for suspension of sentence arise from the judgment dated 15.03.2017 and order of sentence passed in Sessions Case No.7 of 2014, whereby, the applicant herein was convicted and sentenced as under :
| Section | Imprisonme nt | Fine | In default |
| S.302 of IPC | RI for Life | 5000 | RI for 1 yr |
| S. 364A | RI for Life | 5000 | RI for 1 yr |
| S.506(2) | RI for 7 Yrs | 1000 | RI for 6 months |
| S.201 | RI for 7 yrs | 1000 | RI for 6 months |
| S.363, 365 r/w 34 & 120B of IPC | No separate sentence is awarded |
4. Facts and circumstances giving rise to file appeal as well as this application are that on 29.07.2013, minor Pankaj aged about 10 years, had been kidnapped for the purpose of ransom and mercilessly killed by the four accused. Pursuant to the FIR, the accused were arrested and chargesh
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 principle of parity justifies the suspension of sentence when the roles of the accused are similar, allowing for appeal considerations.
The court emphasized that circumstantial evidence must unequivocally indicate guilt, and insufficient evidence warrants 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 court may suspend a sentence if the incarceration period is significant and the likelihood of an appeal being heard is remote.
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 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.
The principle of parity applies in suspension of sentence cases when co-accused have similar roles and durations of imprisonment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
