When can court order suspension of sentence of life convict? Supreme Court answers

The Supreme Court recently highlighted the circumstances under which a convict undergoing life imprisonment can be granted suspension of sentence [Bhupatji Sartajji Jabraji Thakor v. State of Gujarat]..A vacation bench of Justices JB Pardiwala and Ujjal Bhuyan said that for sentences imposed for a fixed term, the court may suspend the sentence at its discretion unless they are exceptional circumstances."However, 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 order stated..To apply such a test, it is also not permissible for the court to re-appreciate the evidence, the Bench opined."The emphasis is on the word “palpable” and the expression “apparent on the face of the record”.".In the instant case, the appellant was found guilty by the trial court under Section 302 of the Indian Penal Code, 1860 and was sentenced to life imprisonment. Aggrieved by the conviction, he preferred an appeal before the Gujarat High Court. He also sought suspension of sentence and bail pending his appeal.However, the High Court refused to suspend the operation of sentence. It had noted that there was a prima facie case established against the appellant..The top court was not inclined to interfere with the decision of the High Court. However, it took note of mitigating circumstances such as the appellant having to maintain his widowed daughter-in-law and her three minor children, and the fact that the appeal before the High Court would take some time to be finally decided. The Bench thus issued notice to the State of Gujarat for the purpose of hearing on bail.The Court directed notice to be returnable in four weeks..Senior Advocate Rauf Rahim and Advocates Ali Asghar Rahim and Shekhar Kumar appeared for the appellant..[Read Order]