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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P.M. RAVAL
Vimal @ Vikas Raijibhai Parmar – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. application for suspension of sentence under specific statutory provision. (Para 2 , 5) |
| 2. arguments regarding evidentiary inconsistencies and conviction appeal. (Para 3 , 4) |
| 3. court's discretion regarding conviction assessment and principle of appeal. (Para 6 , 7 , 8) |
| 4. decision to suspend sentence and grant bail with conditions. (Para 9 , 10) |
JUDGMENT :
P.M. RAVAL, J.
1. Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of respondent State.
2. The present application is preferred by the applicants-original accused under Section 430 of the Bhartiya Nagarik Suraksha Sanhita 2023 for suspension of sentence awarded to them vide judgment and order of conviction and sentence dated 6.5.2025 by the learned 3rd Additional Sessions Judge, Panchmahal at Halol in Sessions Case No.3 of 2020.
3. Learned advocate Mr.P.J.Patel appearing for the applicants has mainly contended as follows :
(a) That there are so many contradictions in the depositions of the complainant, victim and other witnesses.
(b) That the prosecution has failed to prove its case beyond reasonable doubt.
(c) That recovery of weapon is also not proved in accordance with law.
(d) That lea
The court establishes that proper assessment of evidence is crucial for suspension of sentence in serious offences.
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 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 can only be granted in exceptional cases for serious offences, requiring substantial justification, as established by the appellate court.
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 requires careful evaluation of the case's evidential gaps, especially in serious offenses like murder.
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.
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 granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
Suspension of sentence in a serious offence requires substantial evidence and consideration of the likelihood of acquittal; conviction cannot stand without corroboration.
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