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 – Mohmad Ashif Abdulgani Memon – 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 19.9.2024 by the learned Sessions Judge, Gandhinagar in Sessions Case No.31 of 2021.

3. Learned advocate Mr.Jit P.Patel appearing for the applicant has mainly contended as follows :

(a) That as per the prosecution case, the present applicant was restrained from entering into the premises of Mother Dairy since the deceased Dipak Patel caught theft and manipulation of the dairy stock by the applicant herein and keeping grudge against the deceased, the applicant has committed crime. However, there exists no evidence or material in the form of the complaint, register entry or date entry which would suggest that the incident of manipulation dairy stock was committed by the applicant. On the contrary, transport contract of the applicant was renewed on 23.12.2019. Thus, very premises of motive to eliminate the deceased