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.

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:

5. Facts and circumstances giving rise to file present application are that three lady accused have been convicted for the murder of Kaliben @ Kailashben Thakore and raising petty issue, the deceased Kaliben was burnt to death by pouring kerosene by the accused. The accused were chargesheeted. At the end of trial, the Court below based on the dying declaration, convicted and sentenced three lady accused including the present applicants herein.

6. Learned advocate Mr.P.V. Patadiya, appearing on behalf of the applicants while praying for suspension of sentence contended that the age of the applicants are more than 80 and 75 years respectively. Incarceration period of both the accused is more than 10 years. There is no immediate possibility of appeal being heard finally. Thus, he would urge that the case may be considered.

7. On the other hand, Mr.Meet Thakkar, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the long incarceration would not be a ground to exercise a discretion and thus, the application may not be entertained.

8. Issue arises as to whether the applicants have made out a case for suspension of sentence?

9. We have carefully examined the case records and considered the submissions made at the bar. It is no doubt true that both the lady accused aged about 80 and 75 years are suffering from age related ailments and incarceration period is more than 10 years. We are agreed with the submissions that the appeal may not likely to be heard in near future. In such circumstances, we are persuaded to exercise our discretion in favour of the applicants convicts for the purpose of substantive order of sentence.

10. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicants awarded vide judgment dated 30.04.2016 by the learned 2^nd Additional Sessions Judge, Gandhinagar in Sessions Case No.61 of 2014 is suspended during the pendency of the Criminal Appeal and the applicants shall be released on bail on their furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court subject to condition that they will not leave India without prior permission of this Court and shall appear before this Court as and when appeal is taken for final hearing and shall not change their address and in case of change in address, shall inform to the concerned police station as well as to this Court. Direct service permitted.