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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, P.M.RAVAL
Mohmad Ashif Abdulgani Memon – Appellant
Versus
State Of Gujara – Respondent
| Table of Content |
|---|
| 1. suspension of sentence application details (Para 2 , 3) |
| 2. arguments contesting evidence credibility (Para 4) |
| 3. court's evaluation of appeal merits (Para 5 , 6) |
| 4. legal principles on suspension of sentence (Para 7 , 8) |
| 5. dismissing the application for suspension (Para 9) |
ORDER :
P. M. RAVAL, J.
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.
2. The present application is preferred by the applicant – Mohmad Ashif Abdulgani Memon – original accused under Section 430 of the Bhartiya Nagarik Suraksha Sanhita 2023 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 19.9.2024 by the learned Sessions Judge, Gandhinagar in Sessions Case No.31 of 2021.
3. Learned advocate Mr.Jit P.Patel appearing for the applicant has mainly contended as follows :
(a) That as per the prosecution case, the present applicant was restrained from entering into the premises of Mother Dairy since the deceased Dipak Patel caught theft and manipulation of the dairy stock by the applicant herein and keeping grudge against the deceased, the applicant has committed crime. However, there exists no evidence or material in t
Suspension of sentencing in serious offences requires clear evidence of error in conviction; reliance on unverified testimonies cannot warrant bail.
Suspension of sentence in a serious offence requires substantial evidence and consideration of the likelihood of acquittal; conviction cannot stand without corroboration.
An appellate court must assess evidence critically and cannot rely solely on uncorroborated testimonies when considering suspension of a sentence, especially in murder cases.
The court underscored the necessity of a rigorous evidentiary standard for convictions, particularly in serious offenses like murder, mandating a cautious approach regarding suspension of sentences p....
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 that the appellate process requires a strict evaluation of evidence to determine if there exist prima facie grounds for the sustainability of conviction, restricting evidence rea....
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 requires careful evaluation of the case's evidential gaps, especially in serious offenses like murder.
The court established that in serious offences, convictions should not be automatically sustained, and there must be evident grounds for suspicion or errors to allow for the suspension of sentences d....
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.
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