New Delhi: The Supreme Court of India has issued a notice to the State of Gujarat regarding a bail plea in a murder case, while also providing important clarification on the criteria for suspending life sentences.
An order was passed by a Vacation Bench comprising Justices J.B. Pardiwala and Ujjal Bhuyan, who heard a Special Leave Petition filed by Bhupatji Sartajji Jabraji Thakor, convicted of murder and sentenced to life imprisonment.
The court noted that the petitioner and a co-accused were tried in Sessions Case No. 30 of 2018 for murder under Section 302 of the Indian Penal Code. While the co-accused was acquitted, Thakor was convicted based on the evidence of a solitary eyewitness.
The petitioners appeal against the conviction is currently pending in the Gujarat High Court, which had earlier declined to suspend his life sentence. The Supreme Court found no fault with this decision, stating:
When it is a case of life imprisonment, the only legal test which the Court should apply is to ascertain whether there is anything palpable or apparent on the face of the record on the basis of which the court can come to the conclusion that the conviction is not sustainable in law and that the convict has very fair chances of succeeding in his appeal.
The court emphasized that for life sentences, unlike fixed-term sentences, suspension should not be granted liberally. It also clarified that courts should not re-appreciate evidence when considering suspension, focusing instead on what is palpable and apparent on the face of the record.
Despite upholding the High Courts decision not to suspend the sentence, the Supreme Court agreed to consider Thakors plea for bail based on mitigating family circumstances. The petitioners counsel argued that Thakor needs to maintain his widowed daughter-in-law and three minor children, describing the familys condition as pathetic.
In conclusion, considering these factors and the likelihood of a delay in hearing the appeal, the court issued a notice to the State of Gujarat, returnable in four weeks, to hear arguments on the bail plea.
[Read Order]
