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 – Nareshbhai Rameshbhai Palas - original accused under Section 430 of the Bhartiya Nagarik Nayay Sanhita 2023 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 10.3.2025 by the learned 3^rd Additional Sessions Judge, Panchmahal at Halol in Sessions Case No.94 of 2022 whereby the applicant – original accused came to be convicted and ordered to undergo life imprisonment for the offence under Section 395 of INDIAN PENAL CODE and also to pay a fine of Rs.25000/-.

3. Learned advocate Mr.Pratik Barot appearing for the applicant has mainly contended as follows :

(a) That the applicant is in custody from his actual date of arrest i.e. 3.7.2022.

(b) That the judgment and order of conviction passed by the learned trial Court is prima facie erroneous which is apparent from the bare reading of the judgment itself.

(c) That the prosecution witness Nos.4 to 7 who are crucial witnesses have not identified the applicant coupled with the fact that no identification parade has also been carried