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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL
Parin Jagdishbhai Thakkar – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
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 applicant – original accused No.2 in Sessions Case No.19 of 2018, which is also connected with Sessions Case No.8 of 2018 arising out of FIR being CR No.I, 94 of 2017 registered before Adalaj Police Station. The present applicant has preferred the application under the provisions of Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking suspension of sentence against the judgment and order of conviction and sentence dated 21.05.2022 passed by learned 3rd Additional Sessions Judge, Gandhinagar in Session Case No.19 of 2018, whereby the learned trial Judge convicted the present appellant and other co-accused for rigorous life imprisonment under Section 302 of the IPC read with Section 120(B) of the IPC and also fine of Rs.5,000/- and in default thereof 6 months S.I, 7 years R.I. under Section 364 read with Section 120(B) of the IPC and Rs.5,000/- fine and in default thereof 6 months imprisonment, 5 years R.I. under Section 365 read with Section 120(B) and Rs.5,000/- fine and in default thereof 6 months imprisonment, 3 ye
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 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.
Suspension of sentence requires strong grounds demonstrating a fair chance of acquittal; mere incarceration duration does not suffice for bail.
An appellate court must assess evidence critically and cannot rely solely on uncorroborated testimonies when considering suspension of a sentence, especially in murder cases.
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 in a serious offence requires substantial evidence and consideration of the likelihood of acquittal; conviction cannot stand without corroboration.
Suspension of sentence pending appeal in serious offences requires careful consideration of evidence and potential for acquittal, particularly in light of questionable witness reliability and inconsi....
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
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