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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT
Kishorebhai @ Kishan Dhirubhai Solanki – 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.Mehul Sarad Shah, learned advocate and Ms. C.M. Shah, learned APP for the respective parties.
3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant-Bharatbhai @ Appa Alubhai Rachhad, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302, 307, 326, 325, 324, 427, 341, 147, 148, 149 the Indian Penal Code.
4. The present appeal and the application for suspension of sentence arise from the judgment dated 27.07.2021 and order of sentence passed in Sessions Case Nos. 91 of 2018 and 4 of 2019, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.302 of IPC | Life imprisonment | Rs. 25,000/- | Imprisonment for 2 months |
| S.307 of IPC | R.I. for 10 years | Rs. 20,000/- | Imprisonment for 30 days |
| S.326 of IPC | R.I. for 7 years | Rs. 7,000 | Imprisonment for 20 days |
| S.325 of IPC | R.I. for 5 years | Rs. 5,000/- | Imprisonment for 15 days |
| S.324 of IPC | R.I. for 3 years | Rs. 3,000/- | Imprisonment for 7 days |
| S.427 of IPC | S.I. for 1 | ||
Suspension of sentence is only granted in exceptional circumstances, particularly when the conviction may not be sustainable, which was not established in this case.
The presence of hostile witnesses does not negate the sufficiency of evidence supporting a conviction when corroborated by other credible testimonies.
Suspension of sentence pending appeal in serious offences requires careful consideration of evidence and potential for acquittal, particularly in light of questionable witness reliability and inconsi....
The court reaffirmed that the discretionary power to suspend a sentence under Section 389 of the Cr.P.C. requires a prima facie case and consideration of the gravity of the offense.
In murder convictions, post-conviction suspension of sentence is rare; courts assess evidence's prima facie durability and must have compelling justifications.
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 ....
Suspending a sentence for a serious offence like murder requires a rare demonstration of exceptional circumstances, without re-evaluating evidence during bail applications.
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