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 Addi