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, 307, 498(A), 323 and 504 of the IPC.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 30.12.2017 and order of sentence passed in Sessions Case No.19 of 2015, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that, accused Kishorji Vikramji was tried and prosecuted for the act of murder of his wife. On 31.10.2014, due to matrimonial dispute, the accused herein poured kerosene upon the deceased wife and ablaze her. On the basis of dying declaration and other evidence, the trial Court, held guilty for the offence of murder and sentenced the accused to suffer life imprisonment.

5. Mr. Tejas Barot, learned Senior Counsel assisted by Ms. Riha Choksi, learned advocate appearing on behalf of the applicant while praying for suspension of sentence contended that, since 02.11.2014 the applicant is in judicial custody and as on date, he has undergone, almost 10 years. On merits, he would urge that, the initial information being noted by the doctor of suicide and later on, the allegations were being made against the applicant herein. In such circumstances, considering the long incarceration and the contradiction in two statements, it is submitted that, the prayer may be considered.

6. On the other hand, Mr. Jay Mehta, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that, there is no contradiction in the statements of the deceased and trial Court has rightly convicted the accused and in absence of any exceptional circumstances, no case is made out.

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. We take notice of the fact that, the incarceration period is almost 10 years. The accused has pleaded that the deceased was in relation was with X and due to matrimonial dispute, she committed a suicide. The record indicates that initial information was with regard to the suicide. In such circumstances, without much discussion on merits of the case, having regard to the long incarceration and peculiar facts of the case, we are inclined 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 30.12.2017 by the learned Additional Sessions Judge, Patan in Sessions Case No.19 of 2015 is suspended during the pendency of the Criminal Appeal and the applicant shall be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court subject to condition that he will not leave India without prior permission of this Court and shall appear before this court as and when appeal is taken for final hearing and shall not change his address and in case of change in address, shall inform to the concerned police station as well as to this Court.

Direct service permitted.