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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, P.M.RAVAL
Nayanbhai Ravabhai Rabari (Bhaadka) – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
P. M. RAVAL, J.
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.
2. By way of this application under Section 430 of the Bhartiya Nagarik Nayay Sanhita 2023, the applicant – Org. Accused seeks suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 26.05.2021 by the learned Special (Atrocity) and 7th Additional Sessions Judge, Banskantha at Palanpur in Special ( Atrocity) Case No.27/2017.
3. By the aforesaid judgment and order of conviction and sentence, the present applicant - convict has been held guilty for the commission of offences as stated hereinbelow :
| Section | Imprisonment | Fine in Rs. | In default of payment of fine. |
| 302 read with Section 120(B) | Life Imprisonment | 10,000/- | SI for 6 Months |
| 364 read with Section 120(B) of IPC | Life imprisonment | 5,000/- | SI for 3 months |
| 342 read with Section 120(B | Imprisonment for one year | 1,000/- | SI for one month |
| 331 read with Section 120(B | Imprisonment for 10 years | 5,000/- | SI for two months |
The Ld. Special Judge has directed the Applicant to undergo all the sentences concurrently and also gave benefit of set off in respect of imprisonment suffered as under trial prisoner.
4. Ld. Senior Ad
Suspension of sentence requires strong grounds demonstrating a fair chance of acquittal; mere incarceration duration does not suffice for bail.
The court established that a defendant can seek suspension of sentence if strong prima facie evidence suggests that conviction may not be sustainable, particularly when serious charges are involved.
The court emphasized the need to meticulously assess all relevant factors when considering an application for suspension of a sentence for serious offenses like murder.
Suspension of sentence can only be granted in exceptional cases for serious offences, requiring substantial justification, as established by the appellate court.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
Suspension of sentence may be granted if a prima facie assessment shows the conviction may not be sustainable, particularly in serious offences, while considering the duration of incarceration.
The appellate court emphasized that suspension of sentence requires a prima facie examination of potential errors in conviction, especially in serious offences where identification of the accused is ....
The court found that mere presence at the scene of a crime without substantive involvement can justify suspension of sentence in appeal for serious offenses.
Appellate courts must evaluate apparent errors in conviction before granting bail in cases involving serious offences, relying on objective assessment of the evidence presented.
The court establishes that proper assessment of evidence is crucial for suspension of sentence in serious offences.
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