The appellate court must show special concern for suspending sentences of fixed duration when appeals are unlikely to be heard promptly.

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 accordingly, the learned Special Judge suspended the sentence for appeal period by order dated 12.06.2024. Learned advocate submits that the applicants are convicted for a fixed period of 6 months and the 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 applicants in jail for indefinite period with hardened criminals. The applicants have a good case on merits and hence, the order of the sentence may be suspended and the applicants 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 Special Judge (Atrocity) and hence, the present application may be rejected.

5.Heard learned advocates for the respective parties and perused the documents 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 of the learned advocate for the applicants requires consideration and accordingly, the application is allowed. The execution of the sentence in the judgment and order in Special Atrocity Case No.16 of 2020 passed by the learned 2nd Additional Sessions Judge, Anand at Khambhat on 12.06.2024 is suspended during pendency of the criminal appeal and the applicants are ordered to be released on bail on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each 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.