The court may grant suspension of sentence and bail to a convict based on the principle of parity if a co-accused with a similar attributed role has already been granted such relief.

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 read with Section 114 of IPC.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 28.08.2018 and order of sentence passed in Sessions Case No.390 of 2014, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that, the deceased Ravindra Patil and the accused four in person, had a quarrel with respect to motor accident allegedly occurred on 18.04.2014 near the place mentioned in the records. In such circumstances, the deceased Ravindra was brutally killed by the accused with the weapon knife and he was stabbed on his chest. The fatal blow was being inflicted by A2 – Gyanbahadursingh. So far role attributed to the applicant and other accused are concerned, it was alleged that, they had caught hold the deceased so as to facilitate the principal accused in inflicting the injuries. In these background facts, the accused persons were tried and prosecuted for the offence of murder. The trial court after appreciation of evidence, held guilty the accused for the offence of murder and sentenced them to undergo life imprisonment.

5. Mr. Pratik Barot, learned advocate appearing on behalf of the applicant while praying for suspension of sentence contended that, the A1 – Dipak Kedar was granted bail by this Court and role attributed to the applicant herein and Deepak seems to be at par and therefore, claiming parity with the co-accused, it is submitted that, the case of the applicant may be considered.

6. On the other hand, Mr. L.B. Dabhi, 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 considering the role attributed to the applicant herein, the benefit of parity would not be available to him.

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 applicant herein did not have cause any injury to the deceased. It was alleged that, the applicant had caught hold the deceased. We have examined the role of A1-Deepak who had also caught hold the deceased. In such circumstances, by extending the benefit of parity, 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 28.08.2018 by the Sessions Judge, Surat in Sessions Case No.390 of 2014 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 cou