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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
SHAHID MAHAMAD S/O SABIRMIYA HASAMMIYA MALEK – 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.Mahesh Poojara, learned advocate Mr.Krutik Parikh, learned APP for the respective parties.
3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Shahid Mahamad S/o. Sabirmiya Hasammiya Malek, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302, 120B and 201 of the Indian Penal Code.
4. The present appeal and the application for suspension of sentence arise from the judgment dated 23.10.2024 and order of sentence passed in Sessions Case No.26 of 2020, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.302 read with S.120B of IPC | Life Imprisonment | Rs.10,000/- | Imprisonment for 2 months |
| S.201 of IPC | R.I. for 7 years | Rs.10,000/- | Imprisonment for 2 months |
5. Facts and circumstances giving rise to file present application are that on 06.10.2017, deceased Indrajitsingh did not return from his service and after extensive search, his whereabouts was not found. The father Mafatsingh
The court emphasized that circumstantial evidence must unequivocally indicate guilt, and insufficient evidence warrants suspension of sentence.
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 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.
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.
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 principle of parity applies in suspension of sentence cases when co-accused have similar roles and durations of imprisonment.
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 sentences based on the age and health of the accused, especially when incarceration has been prolonged and appeals are unlikely to be heard soon.
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