The court may grant suspension of sentence and bail to a convict pending appeal based on the length of incarceration, potential delay in the appeal process, and circumstantial evidence that casts doubt on the prosecution's theory.

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 and 323 of IPC and Section 135 of G.P. Act .

3. The present appeal and the application for suspension of sentence arise from the judgment dated 19.12.2020 and order of sentence passed in Sessions Case No.53 of 2016, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that, the accused herein was the husband of the deceased and on account of matrimonial dispute, she was burnt alive by pouring kerosene on 29.03.2016 at the house. In such circumstances, the trial court relying on the dying declaration as truthful and voluntarily, convicted the accused and sentenced him to suffer life imprisonment.

5. Dr. Khushbu Vyas, learned advocate appearing on behalf of the applicant while praying for suspension of sentence contended that, incarceration period is 9 years and more and till date, the conviction appeal has not been listed for final hearing. It is submitted that, in the same incident, the husband-applicant had tried to save the deceased and sustained injuries which itself shows that the theory of killing the deceased by inflammable substance, creates a doubt as it is a case of suicide. In such circumstances, it is submitted that, prayer may be considered.

6. On the other hand, Ms. Divyangna Jhala, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that, the trial court has rightly acted upon the dying declaration of the deceased recorded by the Magistrate and therefore, when the declaration proved as truthful and does inspire confidence, the defense as raised, cannot be accepted in eye of law.

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 accused herein had sustained injuries in the same incident and he himself taken the deceased to the hospital. In such circumstances, considering the period of incarceration and possibility of delay in deciding the appeal, 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 19.12.2020 by the 7th Additional Sessions Judge, Ankleshwar, Dist: Bharuch in Sessions Case No.53 of 2016 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