1. The matter is extensively heard on merits. Learned advocate for the parties jointly submit that the matter may be finally disposed of. Hence, Rule returnable forthwith. Learned APP Mr. Dharmesh Devnani waives service of Rule on behalf of the respondent – State.

2. The applicant, who happens to be original accused No.17 along with co-accused persons in Sessions Case No.24 of 2017 came to be convicted by the judgment and order dated 25.07.2018 passed by the learned 5th (Ad hoc) Additional Sessions Judge, Mehsana at Visnagar. The conviction is recorded for the offences punishable under Sections 147, 148, 149, 427 and 435 of the Indian Penal Code (“IPC” for short). The applicant and other co-accused persons are sentenced to undergo simple imprisonment of 2 years and to pay a fine of Rs.50,000/- each, with default sentence of 3 months simple imprisonment.

3. The applicant and other co-accused persons assailed their conviction by filing Criminal Appeal No.1135 of 2018 under Section 374 of the Code of Criminal Procedure (“Code” for short). The appeal is admitted by this Court on 08.08.2018.

4. The applicant also preferred Criminal Misc. Application No.1 of 2018 in Criminal Appeal No.1135 of 2018 under Section 389 of Code. Following substantial prayer was made:

“A. That this Hon'ble Court may be pleased to admit and allow this application and be pleased to order suspension of conviction and sentence imposed by the Fifth (Adhoc) Additional Sessions Judge, Mahesana at Visnagar in Sessions Case No. 24 of 2017 and further be pleased to enlarge the applicant on bail bail pending the hearing and final disposal of the appeal.”

5. The Coordinate Bench of this Court passed following operative order on 08.08.2018:

“5. Therefore, pending appeal, judgment and order of sentence imposed upon the applicant dated 25.07.2018 passed by the learned 5th (Ad-hoc) Additional Sessions Judge, Mahesana, Visnagar in Sessions Case No.24 of 2017 is hereby suspended and the applicant shall remain on bail pending hearing of the appeal on the same terms and conditions as were imposed at the time of grant of regular bail pending trial but, by furnishing fresh bail bond of Rs.20,000/- to the satisfaction of the learned Sessions Court concerned and on further conditions to (i) attend hearing of the appeal regularly and (ii) pay the fine amount within 7 days from today, if not paid till date.

6. Accordingly, present application is allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.”

6. Thus, it is clear from the order that though the prayer was to suspend the conviction and sentence imposed on the applicant, the Coordinate Bench, suspended the sentence and released the applicant on bail during the pendency of Criminal Appeal.

7. The applicant has preferred present application for the following prayers:

“A. That this Hon'ble Court may be pleased to admit and allow this application and be pleased to order suspension and stay of his conviction imposed by the Fifth (Adhoc) Additional Sessions Judge, Mehsana at Visnagar in Sessions Case No. 24/2017 pending the hearing and final disposal of the appeal.”

8. The respondent State has desisted present application by filing affidavit-in-reply along with annexures and further affidavit with annexures. There is no rejoinder or reply to these affidavit and further affidavit respectively by the applicant.

8. Mr. I.H. Saiyed, learned advocate for the applicant submitted that the conviction is not executable save and except in certain cases as held by the Hon'ble Supreme Court in the case of Rama Narang Vs. Ramesh Narang and others reported (1995) 2 SCC 513. It is his submission that the applicant is aspiring candidate to contest the ensuing Loksabha Election, but he cannot contest the Election as under Section 8(3) of the Representation of the People Act, 1951 (“R.P. Act” for short). He stands dis