The court may suspend a sentence pending appeal if the appeal is unlikely to be heard soon, emphasizing special concern in such cases.

ORDER IN CRIMINAL APPEAL :

Admit. Learned APP waives service of notice of admission for the respondent – State.

ORDER IN CRIMINAL MISC. APPLICATION :.

1.Rule. Learned APP waives service of notice of rule for the respondent – State.

2.By way of present application under Section 389 of the Code of Criminal Procedure, 1973 , the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal application against the judgment and order of conviction in Sessions Case No. 20 of 2021 passed by the learned 4th Additional Sessions Judge, Rajkot at Gondal on 28.06.2024, whereby, the learned Sessions Judge has sentenced the applicant – original accused to undergo simple imprisonment of 3 years and fine of Rs.6,000/- and in default, simple imprisonment of 3 months for the offence punishable under Sections 326 of the IPC.

3.Learned advocate for the applicant – accused submits that after the applicant was convicted by the learned 4th Additional Sessions Judge, Rajkot at Gondal, the applicant had preferred an application under Section 389 (3) of Cr.P.C . below Exh.53 to suspend the sentence for appeal period accordingly, the learned 4th Additional Sessions Judge suspended the sentence upto appeal period by order dated 29.06.2024. The learned advocate submits that the present appeal is not likely to be heard in near future and hearing of the same would take some long time and hence, no purpose would be served by keeping the applicant in jail for indefinite period with hardened criminals. The applicant has a good case on merits and hence, the order of the sentence may be suspended and the applicant may be released on regular bail on appropriate terms and condition.

4.Learned APP for the State has objected to the present application to grant suspension of sentence and has submitted that the order of sentence is just and proper and no interference is required in the order passed by the learned 4th Additional Sessions Judge and hence, present application may be rejected.

5.Heard learned advocate for the respective parties and perused the document produced on record.

6.At this juncture, it would also be fit to refer to the judgment of the Apex Court in the case Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421 , wherein, it has been held that when the sentence is for a fixed period, the appellate Court finds that due to practical reasons such appeal cannot be disposed of expeditiously the appellate Court must be bestow special concern in the matters of suspending the sentence. And without entering into the merits of the case, this court is of the opinion that the arguments advanced by the learned advocate for the applicant requires consideration and accordingly, is allowed. The execution of the sentence in the judgment and order in in Sessions Case No. 20 of 2021 passed by the learned 4th Additional Sessions Judge, Rajkot at Gondal on 28.06.2024 is suspended during pendency of the criminal appeal and the applicant is ordered to be released on bail on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of the like amount to the satisfaction of the trial court and on the following conditions:

(i)shall not take undue advantage of liberty or misuse liberty;

(ii)shall not leave India without prior permission of this Court;

(iii)shall furnish the present address of his residence to the Court concerned at the time of execution of the bond and shall not change the residence without the prior permission of this Court;

(iv)shall maintain law and order;

(v) shall not indulge in any activity leading to breach of public peace and tranquility.

7.In view of the above, the present application stands disposed of. Direct service is permitted.