IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

2 of 2025 In R/CRIMINAL APPEAL NO. 369 of 2021 ==========================================================

HASMUKH @ MORLO RAMESHBHAI RAVAL Versus STATE OF GUJARAT & ANR.

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Appearance:

MR PRATIK B BAROT(3711) for the PETITIONER(s) No. 1 DELETED for the RESPONDENT(s) No. 2 MR RONAK B RAVAL APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 14/11/2025

IA ORDER

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.

2. The present application is preferred by the applicant original accused under Section 430 of the Bhartiya Nagarik Suraksha Sanhita 2023 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 12.1.2021 by the learned City Civil & Sessions Judge. Court No.18. Ahmedabad in Special Atrocity Case No. 4 of 2015 with Special Atrocity Case No.52 of 2016.

3. Learned advocate Mr.Pratik Barot appearing for the applicant has submitted that the offence in question was occurred on 26.5.2014, the applicant was convicted on 12.1.2021 and the applicant accused is in jail since the date of arrest i.e. 24.5.2014 and under the circumstance when the appeal is not going to be taken up for hearing in near future, it is prayed to enlarge the applicant on bail. He has further submitted that learned trial Court has not considered the evidence of the witnesses in its true perspective, more particularly, so called eye witnesses i.e. PW 10 Maheshbhai Popatbhai Solanki, PW 22 Kantaben Natvarbhai Zala and PW 34- Aartiben Harishbhai Zala who are close relatives of the deceased. 4. Learned advocate for the applicant has invited attention of this Court to the order passed by this Court in respect of co-accused – Kishor @ Doshi Ajaybhai Makwana; whereby the sentence imposed upon the said accused came to be suspended by an order dated 08/09/2025 in CR.MA No.2 of 2025 in CR.A No.2041 of 2021 and has submitted that this Court may exercise the discretion considering the principle of parity and urged to allow the present application.

5. Mr.Ronak Raval, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction and has opposed the present application. It is submitted that the contentions raised by learned advocate for the applicant would amount to reappreciating the evidence which is not permissible while deciding the application for suspension of sentence. It is submitted that learned trial Judge has given cogent and convincing reasons and after appreciating the documentary as well as oral evidence and merely by passage of time, it cannot be said that the case for suspension of sentence is made out. That the applicant and other co-accused have committed crime of murder and have been convicted for life imprisonment. Under the circumstances, it is argued to reject the present application.

6. Heard learned advocates for the respective parties and also gone through the charges levelled against the present accused.

7. The issue arises as to whether the applicant has made out a case for suspension of sentence under Section 430 of the Bhartiya Nagarik Suraksha Sanhita 2023 or not?

8. Having heard the learned advocates appearing for the respective parties and gone through the impugned judgment and order, as also considering the fact that this Court while suspending the sentence in respect of co-accused – Kishor @ Doshi Ajaybhai Makwana by an order dated 08/09/2025 in CR.MA No.2 of 2025 in CR.A No.2041 of 2021 has considered the evidence of PW 10 Maheshbhai Popatbhai Solanki as well as PW 21 Ketankumar Pravinlal Solanki, PW 22 Kantaben Natwarbhal Zala and PW 34 Aartiben Harishbhai Zala where-from the factum of quarrel between the deceased a