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 Ms. Tanaveer Loladia, learned counsel for the applicant and Mr. Krutik Parikh, learned APP for the respondent-State.

3. By way of this application under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, applicant Dayalsing Kevalsing Sardar seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section 302 and 34 of the IPC.

4. The present appeal and the application for suspension of sentence arise from the judgment dated 27.10.2023 and order of sentence passed in Sessions Case No.01 of 2022, whereby, the applicant herein was convicted and sentenced as under:

(i) Section 302 and 34 of IPC: R.I. for Life and fine of Rs.5,000/- and in default thereof, further imprisonment for 6 months;

5. Facts and circumstances giving rise to file present application are that, on 30.10.2021 at about 9:30 p.m., the accused Rohit has given a knife blow to the deceased Sikandar and the present applicant-accused had caught hold the deceased as the dispute with the accused Rohit arose for recovery