( 1 ) JAKIR Ishakbhai Nat, applicant-original accused has filed this application under section 389 (1) of the Criminal Procedure code for suspension of sentence imposed by the learned Additional Sessions Judge, fast Track Court No. 4, Surat in Sessions case No. 66 of 2004 vide judgment and order dated 27/12/2004.

( 2 ) HEARD Mr. N. N. Prajapati, learned advocate for the applicant-original accused. He has stated that the learned Judge by impugned judgment, has convicted the accused under Sections 363 (punishment for kidnapping), 366 (kidnapping, abducting or inducing woman to compel her marriage etc.) and 376 (punishment for rape) of the indian Penal Code for three years and for seven years respectively. The accused is in jail since 27/12/2004. Prior to that also for about ten months, he was in jail. So on that aspect he has prayed for suspension of the sentence in this behalf. For the same, the learned advocate has relied upon the division Bench judgment of this Court (Coram:r. P. Dholakia and H. N. Devani, J. J.)in the case of Asgarali Onali Lokhandwala and another v. The State of Gujarat dated 11/5/2007 in Criminal Misc. Application no. 2755 of 2007 in Criminal Ap