IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL
Rakesh @ Brahman Upendrabhai Pandya – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
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| 1. final decision to grant bail with specified conditions. (Para 9) |
ORDER :
1. The present application is preferred by the applicant – original accused under Section 389 of the Code of Criminal Procedure 1973 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 20.3.2013 by the learned Additional Sessions Judge, Court No.7, Ahmedabad City in Sessions Case No.84 of 2010.
(b) That learned trial Court has failed to appreciate glaring and serious infirmities in the prosecution case and despite there being contradiction in the evidences adduced by the prosecution which are fatal in nature have been brushed aside and has wrongly convicted the present applicant.
4. Heard learned advocates for the respective parties and also gone through the charges levelled against the present accused.
6. We have carefully considered the submissions made by learned advocates for both the sides. We have also perused the impugned judgement and order. In a serious offence of attracting the rigorous punishment, the Appellate Court has to assess the record only to see as to whether there is any apparent or gross error on which this Court can arrive at a
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
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.
Suspension of sentence requires strong grounds demonstrating a fair chance of acquittal; mere incarceration duration does not suffice for bail.
The court establishes that proper assessment of evidence is crucial for suspension of sentence in serious offences.
The court held that the discretion to suspend a sentence post-conviction must be exercised judiciously, considering the nature of the offence and the likelihood of appeal success.
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 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 ....
The appellate court must assess whether a conviction is prima facie unsustainable before granting a suspension of sentence under Section 389 of the Criminal Procedure Code, balancing the seriousness ....
The court states that post-conviction bail requires strong reasons and must consider the appeal's merits, emphasizing that a sentence should not run if it renders the appeal infructuous.
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
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