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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA
Ajaybhai Prakashbhai Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
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 – original accused No.1 seeks suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 25.05.2017 by the learned Sessions Judge, Valsad in Sessions Case No.36 of 2014.
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, 305 and 114 of IPC | Life 5000/- Imprisonment | RI for 1 years |
| 504 IPC | RI for one 2000/- year | RI for three months |
4. Learned Advocate Mr. B. K. Dave has argued that there was no strong motive or intention to kill anyone as per the case of the prosecution. It was a sudden quarrel which suggested that the present case has not predetermination incident, and thus, the four corners of Section 302 would not be applicable. It is argued that the present case was an incident of grave provocation and an intention of allege the offence, and the allege
Suspension of sentence in serious offences like murder requires a careful examination of evidence, with the possibility of qualifying for lesser charges providing grounds for temporary release.
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.
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.
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.
Suspension of sentence requires strong grounds demonstrating a fair chance of acquittal; mere incarceration duration does not suffice for bail.
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 ....
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
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.
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....
The court may suspend a sentence if there appears a prima facie case for acquittal, emphasizing the need for credible evidence and proper procedure in recording dying declarations.
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