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NEUTRAL CITATION

R/CR.A/1273/2020 IA ORDER DATED: 27/03/2026

0.812236622040739

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2026 In R/CRIMINAL APPEAL NO. 1273 of 2020 ==========================================================

AMICHANDBHAI DESINGBHAI NAYAK Versus STATE OF GUJARAT

==========================================================

Appearance:

MR. YOGENDRA THAKORE(3975) for the PETITIONER(s) No. 1 MR ROHAN RAVAL, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and

HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 27/03/2026

IA ORDER

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

2. By way of this application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, applicant Amichandbhai Desingbhai Nayak, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section

302 of the IPC.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 10.12.2019 and order of sentence passed in Sessions Case No. 72 of 2019, whereby, the applicant herein

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NEUTRAL CITATION

R/CR.A/1273/2020 IA ORDER DATED: 27/03/2026

0.812236622040739

was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that, on 17.12.2018, due to matrimonial dispute and on the issue of cooking meal, the applicant-accused husband inflicted a blow on the head of the deceased wife with the weapon wooden log, as a result, she succumbed to her injuries. The accused was prosecuted for the offence of murder and at the end, the trial court found him

guilty for act of murder.

5. Learned advocate Mr. Yogendra Thakore, appearing on behalf of the applicant while praying for suspension of sentence contended that, the incarceration period is 7 years and more and as such, without any premeditation and in a heat of passion, the blow was inflicted by the accused on the head of the deceased. Thus, the act of the accused would fall under Section 304 Part II of the IPC for the act of homicidal death not amounting to murder. In such circumstances, it is prayed that, discretion may be

exercised.

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NEUTRAL CITATION

R/CR.A/1273/2020 IA ORDER DATED: 27/03/2026

0.812236622040739

6. On the other hand, Mr. Rohan Raval, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the offence proved is serious one and the contention of

lesser offence cannot be appreciated at this stage.

7. Issue arises as to whether the applicant has made out a case for suspension of sentence?

8. We have carefully examined the case records and considered the submissions made at the bar. It is no doubt true that, in a heat of passion, on the issue of cooking meal, the accused lost his temper and inflicted single blow on the head of the deceased. The incarceration period is 7 years and more. In such circumstances, we find substance in the submission made by the defense. In such circumstances, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of suspension of

sentence and grant of bail.

9. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 10.12.2019 by the learned Sessions Judge, Bhavnagar in Sessions Case No.72 of 2019 is

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