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HIGH COURT OF GUJARAT
ILESH J. VORA, HEMANT M. PRACHCHHAK
Himanshubhai Mahendrabhai Rathod – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
HEMANT M. PRACHCHHAK, J.
1. By way of this application under Section 389(1) of the Code of Criminal Procedure, 1973 the applicant Himanshubhai Mahendrabhai Rathod, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302 and 364(A) of the Indian Penal Code.
2. The present appeal and the application for suspension of sentence arise from the judgment dated 20.01.2022 and order of sentence passed in Sessions Case No. 25 of 2018, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.302 of IPC | RI for Life | 10,000 | SI for 6 months |
| S.364(A) of IPC | RI for Life | 10,000 | SI for 6 months |
| S.201 of IPC | RI for 7 Yrs | 5000 | SI for 3 months |
3. Facts and circumstances giving rise to file appeal as well as this application are that, daughter of the complainant namely Tripadaben was knowing the applicant and was asked to meet him and when she came, the applicant took her in a car driven by co-accused. It is the case of the prosecution that, the applicant alongwith other co- accused throttled the daughter of the complainant to death, kept the dead-body in the car and they moved at various places, ultim
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.
The court upheld that minimal involvement in a crime justifies a liberal approach to suspending a sentence pending appeal under IPC provisions.
Suspension of sentence requires careful evaluation of the case's evidential gaps, especially in serious offenses like murder.
The theory of last seen together is insufficient for conviction without corroborative evidence and motive, warranting suspension of sentence.
Suspension of sentence and release on bail – Parameters governing suspension of sentence post-conviction are qualitatively distinct from those applicable at stage of pre-trial bail – Such relief can ....
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
Suspending a sentence for a serious offence like murder requires a rare demonstration of exceptional circumstances, without re-evaluating evidence during bail applications.
Suspension of sentence granted due to insufficient circumstantial evidence and the applicant's prolonged imprisonment without appeal prospects.
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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