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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL
Chhaganbhai Malsingbhai Rathwa – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
P. M. RAVAL, J.
1. The original accused No.1, Chhhaganbhai Malsingbhai Rathwa, who has been convicted for offence punishable under Section 302 of IPC for life imprisonment and fine of Rs.25,000/-, in default 6 months SI and also convicted for offence punishable under Section 201 of IPC for 7 years RI and fine of Rs.15,000/-, in default, 3 months SI and also convicted for the offence under section 120(B) of the IPC for 6 months RI and fine of Rs.5,000/-, in default 3 months SI and for offence punishable under Section 452 of IPC 7 years RI and fine of Rs.5,000/-, in default for 3 months SI, is before this Court against the judgment and order of conviction by way of present appeal and has also preferred an application for suspension of sentence pending the appeal.
2. Brief facts of the prosecution is as under:-
2.1 On 26/11/2018 at around 7:00 PM where the deceased Reshliben along with her Niece Sunita Ramesh Rathwa were sleeping in her home at village Bhorda and at night, the present applicant with 2 other persons Kamlesh Rathwa and Mukesh Rathwa with preplanned intention and planning break-in the house of the deceased illegally from the ventilation present at the backside of t
Suspension of sentence pending appeal in serious offences requires careful consideration of evidence and potential for acquittal, particularly in light of questionable witness reliability and inconsi....
In criminal appeals involving serious offences, suspension of sentence requires a prima facie assessment of trial evidence without reappraisal, and must be justified by potential for acquittal.
Suspending a sentence for a serious offence like murder requires a rare demonstration of exceptional circumstances, without re-evaluating evidence during bail applications.
Suspension of sentence is only granted in exceptional circumstances, particularly when the conviction may not be sustainable, which was not established in this case.
Suspension of sentence requires careful evaluation of the case's evidential gaps, especially in serious offenses like murder.
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 ....
Suspension of sentence can only be granted in exceptional cases for serious offences, requiring substantial justification, as established by the appellate court.
The judgment establishes that inconsistencies in witness testimony and lack of corroborative evidence can warrant suspension of sentences pending appeal.
Point of law: it is clear that Indian legal system does not insist on plurality of witnesses. Neither the legislature (Section 134 of the Evidence Act, 1872 ) nor the judiciary mandates that there mu....
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