Suspension of sentence and grant of bail may be granted based on the length of incarceration (exceeding 10 years) and the specific circumstances of the case, such as matrimonial disputes, even in serious convictions like murder.

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 Fenil @ Sunny Ramchandra Vaghela, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section 302 of the Indian Penal Code.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 18.07.2016 and order of sentence passed in Sessions Case No. 114 of 2015, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that the applicant accused and his wife was having a matrimonial dispute and on that ground, prior to the incident, the deceased wife Sonalben deserted the accused and came to her parental home. In these background on 18.04.2015, the applicant accused came to the house of complainant and abruptly inflicted a knife blow on the body of the deceased Sonalben and fled away. The accused was tried and prosecuted for the murder of his wife and at the end, he came to be convicted.

5. Learned advocate Mr. B. H. Sethna, appearing on behalf of the applicant while praying for suspension of sentence contended that, there was no intention to cause death to the deceased on the part of the applicant and in a heat of passion, the blow was given. Thus, when the convict has undergone 10 years of his imprisonment and there are chances of conviction of lesser offense, the prayer as prayed may be considered.

6. On the other hand, Mr. Jay Metha, 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 at this stage, the plea of lesser offense cannot be appreciated.

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. In the facts of the present case, at relevant time, the relation of the husband and wife were not cordial and the wife deceased had come to her parental home. The incarceration period is more than 10 years. In such circumstances, having regard to the peculiar facts and circumstances of the present case, without much discussion on merits of the case, 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 18.07.2016 by the learned Sessions Judge, Bhavnagar in Sessions Case No.114 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.