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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P.M. RAVAL
Chandrasinh Manubha Jadeja – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. So far as Criminal Misc. Application No.1 of 2025 in Criminal Appeal No.868 of 2025 is concerned, the same is preferred by original accused No.1 – Chandrasinh Manubhai Jadeja, so far as Criminal Misc. Application No.3 of 2025 in Criminal Appeal No.760 of 2025 is concerned, the same is preferred by original accused No.5 – Mansinh Arajan Vadher and so far as Criminal Misc. Application No.4 of 2025 in Criminal Appeal No.760 of 2025 is concerned, the same is preferred by original accused No.4 – Bhupatsinh Narubha Jadeja under Section 430 of the Bhartiya Nagarik Suraksha Sanhita 2023 for suspension of sentence awarded to them vide judgment and order of conviction and sentence dated 28.2.2025 by the learned Additional Sessions Judge, City Sessions Court No.16, Ahmedabad City in Sessions Case No.185 of 2009.
3. The facts of the case in nutshell are as follows:
3.1. On 15th June, 2006 deceased Pankajbhai Trivedi was assaulted by four unknown assailants around 8.30 p.m., near Ellisbridge Gymkhana in the city of Ahmedabad. He received fatal injuries and the injuries were caused with baseball bat and o
Suspension of sentence during appeal is warranted when prosecution evidence is substantially unsupported, indicating potential for acquittal.
An appellate court must assess evidence critically and cannot rely solely on uncorroborated testimonies when considering suspension of a sentence, especially in murder cases.
Suspension of sentence in a serious offence requires substantial evidence and consideration of the likelihood of acquittal; conviction cannot stand without corroboration.
The court underscored the necessity of a rigorous evidentiary standard for convictions, particularly in serious offenses like murder, mandating a cautious approach regarding suspension of sentences p....
Suspension of sentence requires careful evaluation of the case's evidential gaps, especially in serious offenses like murder.
Suspension of sentence can only be granted in exceptional cases for serious offences, requiring substantial justification, as established by the appellate court.
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 sentencing in serious offences requires clear evidence of error in conviction; reliance on unverified testimonies cannot warrant bail.
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