ORDER :

P. M. RAVAL, J.

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.

2. The present application is preferred by the applicant – original accused under Section 430 of the Bhartiya Nagarik Suraksha Sanhita 2023 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 2.7.2018 by the learned 3^rd Additional District Judge, Bharuch in Sessions Case No.7 of 2015.

3. Learned advocate Ms.Mayuri P.Chauhan appearing for the applicant has mainly contended as follows:

(a) That the applicant has undergone 9 years and more in custody and it is not likely that the main appeal would be heard in near future and the main accused Dilipkumar has been enlarged on bail by the coordinate bench of this Court vide order dated 20.2.2023 and has prayed to enlarge the applicant on bail.

(b) That the present applicant is not named in the FIR nor has the applicant being identified and merely on suspicion, the applicant has been arrested and convicted in the crime.

(c) That when the main accused had inflicted injury due to which the deceased succumbed and when no role whatsoever of injury has been attributed to the applicant, the applic