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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, P.M.RAVAL
Aayar Tejabhai Bhalabhai Vasrambhai – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
P. M. RAVAL, J.
1. Criminal Misc. Application (Regular Bail) No.1 of 2025 in Criminal Appeal No.1178 of 2024 is preferred by Ayar Tejabhai Bhalabhai Vashrambhai – original accused No.4 through jail, Criminal Misc. Application (for suspension of sentence) No.3 of 2024 in Criminal Appeal No.1178 of 2024 is preferred by Ayar Devayatbhai Raimalbhai Bhalabhai – original accused No.3 and Ayar Arjanbhai@ Ajabhai Tejabhai Bhalabhai – original accused No.5, whereas Criminal Misc. Application (for suspension of sentence) No.4 of 2024 in Criminal Appeal No.1178 of 2024 is preferred by Ayar Babubhai Raimalbhai Bhalabhai – original accused No.1. All these applications are preferred by the applicants – original accused for suspension of sentence imposed vide judgment and order dated 15.5.2024 in Sessions Case No.33 of 2019 by learned Additional Sessions Judge, Patan at Radhanpur for various offences as follows:
| Sections of IPC | Sentence | Fine in Rs. | Default sentence |
| 143 | 3 months SI | 1000 | 15 days SI |
| 147 | 1 year SI | 1000 | 1 month SI |
| 148 | 1 year and 6 months SI | 1000 | 1 month SI |
| 302 r/w 34 and 149 | Life Imprisonment | 5000 | 3 months SI |
| 324 r/w 34 and 149 | 1 year SI | 1000 | 1 month SI |
| 452 r/w 34 and 149 | 3 years SI | 2000 | 2 months SI |
and Rs
The court ruled that absence of direct evidence does not negate the applicability of Section 149 IPC and that suspension of sentence post-conviction requires clear justification beyond lack of prior ....
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 requires strong grounds demonstrating a fair chance of acquittal; mere incarceration duration does not suffice for bail.
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 ....
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.
A court should generally suspend a fixed-term sentence pending appeal unless exceptional circumstances indicate otherwise.
The court established criteria for suspending sentences in serious offences, necessitating careful assessment of individual roles and evidence.
Suspension of sentence can only be granted in exceptional cases for serious offences, requiring substantial justification, as established by the appellate court.
In a case of free fight, individual accountability limits the applicability of collective liability under section 149 IPC, thus questioning the validity of convictions based solely on generalized acc....
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
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