SANJAYBHAI MANABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application preferred under Article 389 of Code of Criminal Procedure for suspension of the sentence passed by the Sessions Court in Sessions Case No.79 of 2018 dated 31.12.2019 whereby the applicant has been convicted for the offences punishable under Section 302 of the Indian Penal Code and is undergoing life imprisonment with Rs.50,000/- of fine and in default to undergo simple imprisonment of three months on the ground that the appeal which is admitted on 11.3.2020 is likely to take a long time. The applicant is in jail since 18.6.2018, being very young and there are fair chances of him to succeed in Criminal Appeal, the order of conviction and sentence passed by the Court be suspended and the applicant be released on stringent conditions.

(2.) This Court issued rule on 11.3.2020 and learned APP Mr. Manan Mehta appeared in this matter. The Court also directed paper book to be prepared of this case and the copies to be furnished to both the sides. Thereafter both sides have been availed the opportunities on sharing the paper books with them to argue before us.

(3.) Learned advocate Mr. Thakkar has urged that the charges levelled against the present applicant and his first paternal cousin Mukesh is to the effect that on 7.6.2018 they both had conspired to do away with the deceased Valabhai Parmar, father of the complainant as Valabhai was a plain speaking person and had reprimanded the present applicant and his brother over their conduct. He has urged that the evidence is extremely thin and on the strength of the extra judicial confession made before the Doctor that the present applicant has been convicted. The person who is said to have seen them running towards them and was sitting for about twenty minutes is Mohanbhai Bhimabhai Prjapati, however, that does not link anywhere the applicant in the crime in question. He has spoken of both, the present applicant and his cousin helter -skelter dashed to the place where they were all playing cards and sat with them for some time on the date of incident. This person noticed their disorderly haste but nothing abnormal either on their clothes or their behaviour is narrated. He has further urged that the Doctor who performed the post mortem has spoken of extra judicial confession which does not inspire confidence and that is too thin an evidence to harp upon by the prosecution for the murder of Valabhai.