Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL
Shankarbhai Devidas Vadode (Kunbi Patil) – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. details of the quarrel leading to the incident. (Para 3) |
| 2. prosecution's opposition to the bail application. (Para 5) |
| 3. assessment criteria for suspension of sentence. (Para 7) |
| 4. court's decision to suspend the sentence based on incarceration duration. (Para 9 , 10) |
JUDGMENT :
(PER : HONOURABLE MR.JUSTICE P. M. RAVAL)
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.
2. The present application is preferred by the applicant – original accused under Section 430 of the Bhartiya Nagarik Suraksha Sanhita 2023 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 1.4.2024 by the learned 8th Additional Sessions Judge, Surat at Bardoli in Special Atrocity Case No.4 of 2017.
3. Learned advocate Mr.Hardik Raval appearing for the applicant has mainly contended as follows :
(a) That the applicant is in judicial custody since 8.8.2016 and has completed more than 8 years and there is no likelihood of appeal being heard in near future.
(b) It is further argued that from the charge itself, it is clear that incident has taken place out of quarrel between the deceased and the accused and as per the case of th
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 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.
The court establishes that proper assessment of evidence is crucial for suspension of sentence in serious offences.
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....
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....
Suspension of sentence requires strong grounds demonstrating a fair chance of acquittal; mere incarceration duration does not suffice for bail.
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.
Suspension of sentence requires careful evaluation of the case's evidential gaps, especially in serious offenses like murder.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
