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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIMAL K.VYAS
Rajabhai Dulabhai Hadiya – Appellant
Versus
State of Gujarat – Respondent
ORDER :
VIMAL K. VYAS, J.
Order in Criminal Appeal
ADMIT. Learned APP Mr. Yuvraj Brahmbhatt waives service of notice of admission for and on behalf of the respondent – State.
Records and proceedings along with paper-book shall be called for from the concerned trial Court.
Order in Cr.M.A. No. 1 of 2025
1. RULE. Learned APP Mr. Yurvraj Brahmbhatt waives service of notice of rule for and on behalf of the respondent – State.
2. By way of filing the present application under the provisions of Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant–convict (i.e. the original accused) seeks suspension of sentence imposed upon him vide judgment and order of conviction and sentence dated 28.07.2025 passed by the learned 2nd Additional Sessions Judge, Bhavnagar at Mahuva, in Sessions Case No. 06 of 2021.
3. By the aforesaid judgment and order of conviction and sentence, the applicant-accused came to be held guilty and convicted for the commission of offence punishable under Section 304 Part-II of the Indian Penal Code, and consequently, the applicant-accused has been ordered to undergo sentence as under : -
| Section | Imprisonment | Fine (Rs.) | In default of payment of fine |
| 304 Part-II |
Suspension of sentence is generally favored for fixed term convictions during appeal when significant time has been served and the case shows merit for reconsideration.
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 during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
Suspension of sentence can only be granted in exceptional cases for serious offences, requiring substantial justification, as established by the appellate court.
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