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HIGH COURT OF GUJARAT
IJV, SNB
THAKOR ARVINDJI UDAJI – 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 Thakor Lalaji Udaji, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 323, 304 Part-I, 114 of the Indian Penal Code.
3. The present appeal and the application for suspension of sentence arise from the judgment dated 08.07.2022 and order of sentence passed in Sessions Case No. 74 of 2014, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.304 Part-I of IPC | RI for 12 yrs | 5000 | Imprisonment for 6 months |
| S. 323 r/w 114 | RI for 6 months | 500 | RI for 1 month |
4. Facts and circumstances giving rise to file appeal as well as this application are that the deceased and his brother were given a farm for agricultural purpose on rent. There was a dispute of rent of Rs.10,000/-. In such circumstances, the accused Arvindji Udaji and applicant accused Lalaji, assaulted the deceased Vijayji by knife. The injury caused was on the leg of the deceased. The deceased died due to said inju
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 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 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 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 justifies the suspension of sentence when the roles of the accused are similar, allowing for appeal considerations.
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 ruled that the injuries inflicted were not intended to cause death, indicating culpable homicide rather than murder, thus justifying the suspension of sentence.
The court may suspend a sentence if the incarceration period is significant and the likelihood of an appeal being heard is remote.
The mere presence of an accused does not imply shared intention to commit murder; suspension of sentence granted due to lengthy incarceration and fair chances of appeal.
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