Authority: Supreme Court of India
Order Date: 27-10-2026
Case Overview
- Petition for Special Leave to Appeal (Criminal) No.16210/2026, arising from High Court of Gujarat order dated 30-06-2026 (CRLMA No.2/2026) rejecting second application for suspension of sentence.
- Petitioner: Soma @ Champu Suringbhai Rachhad; Respondent: State of Gujarat.
- Exemption applications IA No.260929/2026 (exemption from filing C/C) and IA No.260930/2026 (exemption from filing O.T.) were filed and allowed.
- Background: Sessions Judge, Bhavnagar, on 27-07-2021 convicted petitioner and six co‑accused under IPC sections 302, 307, 326, 325, 324, 341, 427, 147, 148, 149; sentenced to rigorous life imprisonment, fine ₹65,000 and additional ~4 months imprisonment for default of fine. Petitioner has served more than 7 years; three co‑accused are on bail.
- State counsel argued specific overt act alleged against petitioner, denying parity with co‑accused.
Court Reasoning
- Court, after hearing counsel and reviewing records, noted a prima facie case for suspension of sentence given length of custody, bail status of co‑accused, and issues raised in appeal.
- No final opinion on merits of appeal was expressed.
Order
1. Exemption applications allowed; State’s counter‑affidavit taken on record (digitally signed by Vishal Anand on 27‑10‑2026 15:44:26 IST).
2. Execution of the substantive sentence in Sessions Cases No.91/2018 & 4/2019 suspended.
3. Sessions Judge, Bhavnagar, directed to release petitioner on bail with conditions deemed fit; State may move for cancellation if conditions breached.
4. Special Leave Petition disposed; any pending applications stand disposed.
Final Outcome
- Petitioner’s rigorous life imprisonment sentence suspended and he is to be released on bail pending further proceedings; the Special Leave Petition is dismissed.
Topics: Criminal Appeal, Sentence Suspension, Supreme Court Order