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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P.M. RAVAL
Ashokji Chenaji Thakor – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.
2. The applicants are before this Court against the conviction handed down upon them in Sessions Case Nos.264 and 265 of 2015 whereby learned 6th Additional Sessions Judge, Banaskantha at Deodar vide judgment and order dated 30.6.2025 convicted the applicants for the offences punishable under sections 302, 307, 326, 324, 323 read with sections 143, 147, 148 and 149 of Indian Penal Code.
3. By way of the impugned judgment and order, learned trial Judge has convicted the applicants as follows :
| Offences | Punishment | Fine |
| U/s 302 r/w 149 of IPC | Life imprisonment | Rs.5,000/-, in default, 6 months RI |
| U/s 307 r/w 149 of IPC | RI for 10 years | Rs.3000/-, in default, 6 months RI |
| U/s 324 r/w 149 of IPC | RI for 1 year | Rs.1000/- in default, 1 month RI |
| U/s 143 IPC | 1 month SI | |
| U/s 147 IPC | 6 months SI | Rs.500/- in default 1 month SI |
| U/s 148 IPC | 1 year SI | Rs.500/- in default 1 month SI |
All the sentences were ordered to be run concurrently and set off was also granted by learned trial Judge under section 428 of CrPC.
4. Learned advocate Mr.Pratik Barot along with learned advocate Mr.Jeet Bhatt in Criminal Misc. Application No.1 of 2025 in
In a case of free fight, individual accountability limits the applicability of collective liability under section 149 IPC, thus questioning the validity of convictions based solely on generalized acc....
The court established criteria for suspending sentences in serious offences, necessitating careful assessment of individual roles and evidence.
Identity of persons comprising assembly is a matter relating to determination of guilt of individual accused.
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 court emphasized the need to meticulously assess all relevant factors when considering an application for suspension of a sentence for serious offenses like murder.
Suspending a sentence for a serious offence like murder requires a rare demonstration of exceptional circumstances, without re-evaluating evidence during bail applications.
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.
The main legal point established in the judgment is the requirement to prove the constitution of an unlawful assembly and the applicability of vicarious liability under Section 149 of IPC.
The court ruled that absence of direct evidence does not negate the applicability of Section 149 IPC and that suspension of sentence post-conviction requires clear justification beyond lack of prior ....
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