IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 1 of 2023 In R/CRIMINAL APPEAL NO. 1951 of 2023 ==========================================================

RAHULKUMAR BHARDVESH KUMAR sic BHARTESH KUMAR SINGH Versus STATE OF GUJARAT ==========================================================

Appearance:

MR RJ GOSWAMI(1102) for the PETITIONER(s) No. 1 MS. JIRGA JHAVERI, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 01/07/2024

IA ORDER

1. By way of the 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 17.06.2023 passed in Sessions Case No. 87 of 2013 by the learned 3^rd Additional Sessions Judge, Gandhinagar, whereby, the present applicant - accused was sentenced to one year rigorous imprisonment and fine of Rs. 1,000/- and in default, one month simple imprisonment for the offence punishable under Section 384 read with Section 120B of the IPC.

2. Learned Advocate Mr. T.Y. Malik for learned advocate Mr. R.J. Goswami 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. 181 under Section 389(3) of Code of Criminal Procedure for suspension of sentence and the learned Trial Court by an order dated 17.06.2023 was pleased to suspend the order of sentence and released the applicant on bail till the appeal period and thereafter, the interim relief passed by the learned Trial Court has been extended till today. That the applicant has paid the amount of fine and 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. T.Y. Malik for learned advocate Mr. R.J. Goswami 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 17.06.2023 passed in Sessions Case No. 87 of 2013 by the learned 3^rd Additional Sessions Judge, Gandhinagar 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 ind