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HIGH COURT OF GUJARAT
IJV, SNB
BAIJIBEN WD/O PUNJAAJI THAKOR – 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.P.V. Patadiya, learned advocate and Mr.Meet Thakkar, learned APP for the respective parties.
3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicants – Baijiben Wd/o. Punjaji Thakore and Maniben Wd/o. Manaji Thakore, seek suspension of sentence awarded to them by the Sessions Court concerned for the offence punishable under Sections 307, 302, 114 of the Indian Penal Code.
4. The present appeal and the application for suspension of sentence arise from the judgment dated 30.04.2016 and order of sentence passed in Sessions Case No.61 of 2014, whereby, the applicants herein were convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.307 of IPC | R.I. for 5 years (for applicant no.1) | Rs.1,000/- | Imprisonment for one year (for applicant no.1) |
| R.I. for 3 years (for applicant no.2) | Imprisonment for six months (for applicant no.2) | ||
| S.302 of IPC | Life Imprisonment | Rs.1,000/- | Imprisonment for one year |
5. Facts and circumstances giving rise to file present application are that three lady accused have
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 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 suspended the sentence based on the lack of proof regarding the victim's age and the unique circumstances of her relationship with the accused.
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 principle of parity applies in suspension of sentence cases when co-accused have similar roles and durations of imprisonment.
The court ruled that the prosecution's failure to prove the victim's age undermined the conviction, leading to the suspension of the applicant's 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 incarceration period is significant and the likelihood of an appeal being heard is remote.
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.
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