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NEUTRAL CITATION

R/CR.A/1343/2017 IA ORDER DATED: 24/03/2026

0.48525065296597036

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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

2 of 2025 In R/CRIMINAL APPEAL NO. 1343 of 2017 ==========================================================

ARJANBHAI SHANKERBHAI WAGHELA(DALIT)

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR TUSHAR CHAUDHARY(5316) for the PETITIONER(s) No. 1 MS KRINA CALLA APP for the RESPONDENT No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and

HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 24/03/2026

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, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302, 324 of the Indian Penal Code and

Section 135 (1) of GP Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 23.11.2016 and order of sentence passed in Sessions Case No. 06 of 2016, whereby, the applicant herein

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NEUTRAL CITATION

R/CR.A/1343/2017 IA ORDER DATED: 24/03/2026

0.48525065296597036

was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that the applicant accused was prosecuted and tried for the offence of murder, as according to prosecution case, on 18.10.2015, he had killed his mother on account of comment passed by deceased. The accused was put on trial and held

guilty by the Court and sentenced for life.

5. Learned advocate Mr. Tushar Chaudhary, appearing on behalf of the applicant while praying for suspension of sentence contended that, the incarceration period is 10 years and 3 months and at the most, the accused could be convicted for the offence punishable under Section 304 Part-II of IPC, as there was no intention to kill the deceased and without any per-meditation in a heat of passion, the incident was being arose. In such circumstances, he requested this Court to release the applicant and the

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NEUTRAL CITATION

R/CR.A/1343/2017 IA ORDER DATED: 24/03/2026

0.48525065296597036

order of suspension may be suspended pending the appeal.

6. On the other hand, Ms. Krina Calla, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the plea of lesser offence cannot be appreciated at this stage and having regard to seriousness of the offence and the manner in which deceased was killed by the accused,

the trial Court has rightly convicted the accused.

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, due to unemployment of the accused, his mother used to remind him that he is not doing anything and in that circumstances, the accused inflicted knife blow on the neck of the deceased. The incarceration period is 10 years and more and appeal is not likely to be heard in near future. 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.

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