ORDER IN CRIMINAL APPEAL :

Admit. Learned APP Ms. C.M.Shah 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 applicants – original accused are seeking suspension of sentence and release on regular bail during pendency of the present appeal application against the judgment and order of conviction in Special Atrocity Case No.16 of 2020 passed by the learned 2nd Additional Sessions Judge, Anand at Khambhat on

12.06.2024, whereby, the learned Special Judge has sentenced the applicants – original accused to undergo simple imprisonment of 6 months and fine of Rs.1000/- each and in default, simple imprisonment of 1 month for the offence punishable under Section 323 of the IPC.

3.Learned advocate for the applicants – original accused submits that after the applicants were convicted by the learned Special Judge, the applicants had preferred an application under Section 389 (3) of the Cr.P.C . below Exh.39 to suspend the sentence for appeal period and accordingl