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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P.M. RAVAL
Jagabhai Chaturbhai Vasava – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. application for suspension based on lack of corroborative evidence. (Para 2 , 3) |
| 2. arguments presented by both parties regarding evidence credibility. (Para 4 , 5) |
| 3. assessment of overall evidence for suspension consideration. (Para 6 , 8 , 10) |
| 4. final decision to suspend sentence with conditions. (Para 11 , 12) |
JUDGMENT :
P.M. RAVAL, J.
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.
2. The present application is preferred by the applicants under Section 430 of the Bhartiya Nagarik Suraksha Sanhita for suspension of sentence awarded to them vide judgment and order of conviction and sentence dated 3.4.2023 by the learned Additional Sessions Judge, Ankleshwar in Sessions Case No.18 of 2017.
3. Learned advocate Mr. A.M. Mehta appearing for the applicants, at the outset, does not press the application for accused No.1 – Jagabhai Chaturbhai Vasava with a liberty to prefer an application for suspension of sentence after a period of one year. The application qua accused No.1 – Jagabhai Chaturbhai Vasava stands disposed of accordingly with a liberty to prefer an application for suspension of sentence after a period of one year.
4. Learned
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 the need to meticulously assess all relevant factors when considering an application for suspension of a sentence for serious offenses like murder.
The court establishes that proper assessment of evidence is crucial for suspension of sentence in serious offences.
Suspension of sentence requires careful evaluation of the case's evidential gaps, especially in 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 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.
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.
Suspension of sentence requires strong grounds demonstrating a fair chance of acquittal; mere incarceration duration does not suffice for bail.
Suspension of sentence in a serious offence requires substantial evidence and consideration of the likelihood of acquittal; conviction cannot stand without corroboration.
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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