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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT
Jamirkhan Parbatkhan Bhanderi – 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. Nirad Buch, learned counsel for the applicant and Ms. Dhwani Tripathi, learned APP for the respondent-State.
3. By way of this application under Section 389(1) of the Code of Criminal Procedure, 1973, applicant Jamirkhan Bhanderi, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302, 201 and 328 of the IPC.
4. The present appeal and the application for suspension of sentence arise from the judgment dated 14.02.2022 and order of sentence passed in Sessions Case No.37 of 2018, whereby, the applicant herein was convicted and sentenced as under:
(i) Sections 302 of IPC: R.I. for life and fine of Rs.25,000/- and in default thereof, further imprisonment for 2 years;
(ii) Section 201 of IPC: 5 years R.I. and fine of Rs.5,000/-and in default thereof, further imprisonment for 1 year;
(iii) Section 328 of IPC: 10 years R.I. and fine of Rs.5,000/- and in default thereof, further imprisonment for1 year;
5. Facts and circumstances giving rise to file present application is that,
Suspension of sentence granted due to insufficient circumstantial evidence and the applicant's prolonged imprisonment without appeal prospects.
The theory of last seen together is insufficient for conviction without corroborative evidence and motive, warranting suspension of sentence.
The court emphasized that circumstantial evidence must unequivocally indicate guilt, and insufficient evidence warrants suspension of sentence.
Suspension of sentence under Section 389 requires a strong case, considering the gravity of the crime and the applicant's past conduct, which was not established in this instance.
Suspension of sentence requires careful evaluation of the case's evidential gaps, especially in serious offenses like murder.
The principle of parity can justify the suspension of a sentence when the roles of co-accused are similar and delays in appeal hearing are significant.
In criminal appeals involving serious offences, suspension of sentence requires a prima facie assessment of trial evidence without reappraisal, and must be justified by potential for acquittal.
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