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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, P.M.RAVAL
Harunbhai Adambhai Jasraya – Appellant
Versus
State of Gujarat – Respondent
ORDER :
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 applicants seek suspension of sentence awarded to them vide judgment and order of conviction and sentence dated 7.2.2025 by the learned Sessions Judge, Devbhumi Dwarka at Khambhaliya in Sessions Case No.17 of 2017.
3. By the aforesaid judgment and order of conviction and sentence, the present applicants convicts have been held guilty for the commission of offences as stated hereinbelow :
| Section | Imprisonment Fine in Rs. | In default of payment of fine. |
| 143 r/w 34 of IPC | RI for 6 months Nil | Nil |
| 147 r/w 34 of IPC | RI for 2 Yrs Nil | Nil |
| 302 r/w 34 and 149 of IPC | Life sentence RI Nil | Nil |
| 307 r/w 34 and 149 of IPC | RI for 10 yrs Nil | Nil |
| 326 r/w 34 and 149 of IPC | RI for 7 yrs Nil | Nil |
| 325 r/w 34 and 149 of IPC | RI for 5 yrs Nil | Nil |
| 324 r/w 34 and 149 of IPC | RI for 2 yrs Nil | Nil |
| 323 r/w 34 and 149 of IPC | RI for six Nil months | Nil |
4. Learned advocate Mr.Virat Popat submitted the following glaring aspects from the impugned judgment seeking prayer for suspension of sentence of the present applicant – original accused Nos.2 to 9:
(a) That the p
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.
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....
An applicant convicted under the POCSO Act may secure sentence suspension if the evidence reveals no direct involvement or overt acts, indicating potential for acquittal.
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 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....
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 establishes that proper assessment of evidence is crucial for suspension of sentence in serious offences.
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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