ORDER :

ILESH J. VORA, J.

1. Rule. Learned APP waives service of Rule on behalf of respondent-State. By consent, Rule is fixed forthwith.

2. We have heard Mr. Vishal Mehta, learned counsel for the applicant and Mr. Meet Thakkar, learned APP for the respondent-State.

3. By way of this application under Section 430(1) of the Bharatiya Nagarik Surakhsa Sanhita, 2023, applicant Ambabhai @ Nanjibhai Kavabhai Dungasiya, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302 read with Section 114 of the IPC.

4. The present appeal and the application for suspension of sentence arise from the judgment dated 24.01.2025 and order of sentence passed in Sessions Case No.48 of 2019, whereby, the applicant herein was convicted and sentenced as under:

(i) Section 302 r/w. Section 114 of IPC: R.I. for Life and fine of Rs.55,000/- and in default thereof, further imprisonment for 1 year;

5. Facts and circumstances giving rise to file present application is that, the applicant-accused along with accused Homirabhai Dungasiya have been convicted and sentenced for the murder of Hurmabhai. It is alleged that, on 03.04.2019, the accused in conniva