The court has the power to suspend the sentence of a convicted person during the pendency of the appeal, especially when the appeal is not likely to be heard in the near future and the applicant has a good case on merits.

ORDER

1. 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 against the judgment and order of conviction dated 10.05.2024 passed in Special (ACB) Case No. 5 of 2008 by the learned 6th Additional Sessions Judge, Rajkot, whereby, the present applicant - accused was sentenced to three years rigorous imprisonment and fine of Rs. 25,000/- and in default, six months simple imprisonment for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988, three years rigorous imprisonment and fine of Rs. 25,000/- and in default, six months simple imprisonment for the offence punishable under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. Both the sentences were ordered to run concurrently.

2. Learned Advocate Mr. Hriday buch for learned advocate Mr. Nishant Lalakiya for the applicant submits that after the judgement and order of conviction was passed by the learned Trial Court, the applicant had filed an application at Exh. 71 under Section 389(3) of Code of Criminal Procedure for suspension of sentence and the learned Trial Court by an order dated 10.05.2024 was pleased to suspend the order of sentence and released the applicant on bail till the appeal period. That the applicant has a good case on merits and the applicant has been convicted for a fixed term and hence, the suspension may be allowed and the applicant be enlarged on bail pending the hearing and final disposal of the captioned Criminal Appeal.

3. Learned APP for the respondent – State has strongly objected to the submissions made by the learned advocate for the applicant and has submitted that learned Trial Court has rightly convicted the present applicant as he has been involved in a very serious offence and has requested this Court to dismiss the present application.

4. Having heard learned advocate Mr. Hriday buch for learned advocate Mr. Nishant Lalakiya for the applicant as well as learned APP Ms. Jirga Jhaveri for the respondent – State, it appears that Criminal Appeal against the sentence preferred by the applicant has been admitted by this court and the said Criminal Appeal is not likely to be heard within near future. As per the contention of the learned advocate for the applicant, the applicant has a good case on merits.

5. 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 appellants have been sentenced for a fixed period and when the appellate Court finds that due to practical reasons such appeal cannot be disposed of expeditiously the appellate Court must 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 application requires consideration and accordingly, is allowed. The execution of the sentence in the judgment and order of conviction dated 10.05.2024 passed in Special (ACB) Case No. 5 of 2008 by the learned 6th Additional Sessions Judge, Rajkot is suspended during pendency of the Criminal Appeal and the applicant is ordered to be released on bail on furnishing personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with surety of the like amount to the satisfaction of the trial court and on the following conditions that the applicants;

a) shall maintain law and order;

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

c) shall not leave India without prior permission of this Court.

d) shall pay the fine, if not paid.

6. Direct service is permitted.