IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 974 of 2024 With CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2024 In R/CRIMINAL APPEAL NO. 974 of 2024 ==========================================================

SHAMRA DHANRAJ SEDA (GADHVI) & ANR.

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ABHAYKUMAR P SHAH(3093) for the Appellant(s) No. 1,2 MS.JIRGA JHAVERI, APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 02/05/2024

ORAL ORDER

ORDER IN CRIMINAL APPEAL ADMIT. Learned Additional Public Prosecutor appears and waives service of notice of admission on behalf of the respondent-

State.

ORDER IN CRIMINAL MISC. APPLICATION

1] RULE. Learned Additional Public Prosecutor appears and waives service of notice of rule on behalf of the respondent-State.

2] This application is filed by the applicants for suspension of sentence in connection with the conviction recorded vide judgment and order dated 20.04.2024 by the learned 6^th Additional Sessions Judge, Bhuj @ Kachchh in Special Case No. 31 of 2011 whereby, the applicant No.1 was convicted for the offenses punishable under Sections 324, 506(2) and 114 of the Indian Penal Code, 1860 and sentenced one year rigorous imprisonment and fine of Rs.1,000/- and in default one month rigorous imprisonment for the offence under Sections 324 read with Section 114 of the Indian Penal Code, 1860, six months rigorous imprisonment and fine of Rs.500/- and in default thirty days rigorous imprisonment for the offence under Section 506(2) of the Indian Penal Code, 1860 and the applicant No.2 was convicted for the offenses punishable under Sections 325, 506(2) and 114 of the Indian Penal Code, 1860 and sentenced two and half years rigorous imprisonment and fine of Rs.1,000/- and in default one month rigorous imprisonment for the offence under Sections 325 read with Section 114 of the Indian Penal Code, 1860, six months rigorous imprisonment and fine of Rs.500/- and in default thirty days rigorous imprisonment for the offence under Section 506(2) of the Indian Penal Code, 1860. All sentences of the applicant Nos. 1 and 2 were ordered to run concurrently.

3] Heard Mr. Abhaykumar P. Shah, learned advocate appearing for the applicants and Ms. Jirga Jhaveri, learned Additional Public Prosecutor appearing for the State.

4] Mr. Abhaykumar P. Shah learned advocate for the applicants further submits that after the judgment and order of conviction, the applicants has preferred an application at Exh: 258 under Section 389 (3) the Criminal Procedure Code, 1973 for suspension of sentence and the learned trial Court was pleased to allow the application and suspend the execution of order of sentence by an order dated 20.04.2024 for a period of 30 days. Moreover, learned advocate for the applicants submits that the amount of fine has been paid by the applicants vide receipt No.190 and 191 on 20.04.2024 and the sentence is for a fixed period and the applicants have a good case on merits and hence the execution of order of sentence imposed on 20.04.2024 by the learned 6^th Additional Sessions Judge, Bhuj @ Kachchh in Special Case No. 31 of 2011 be suspended till the pendency of this appeal.

5] Ms. Jirga Jhaveri, learned Additional Public Prosecutor has submitted that the role and involvement of the applicants in the alleged offence is established beyond reasonable doubt and has accordingly, urged to reject the present application.

6] Upon considering the submissions made at bar, it appears that the applicants is required to suffer the sentence imposed upon him. As the applicants is sentenced for a fixed period and the appeal is not likely to be heard in near future, present application for suspension of sentence can be considered in view of the decision rendered in the case of Bhagwan Rama Shinde V/s.State of Gujarat (1999) 4 SCC 421, as