IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 2902 of 2025 With CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2025 In R/CRIMINAL APPEAL NO. 2902 of 2025 ==========================================================

JITENDRA ARBIND KUMAR SINGH Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. MEHUL P. PANDYA(14183) for the Appellant(s) No. 1 MR.ASHUTOSHSINGH S RAJPUT(17569) for the Appellant(s) No. 1 MS. CHETNA SHAH, APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 17/11/2025

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 applicant for suspension of sentence in connection with the conviction recorded vide judgment and order dated 24-09-2025 by learned Special (ACB) Judge, Vadodara in Special (ACB) Case No. 02 of 2013 whereby, the applicant was convicted for the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, and sentenced to simple imprisonment for three years and fine of Rs.15,000/- and in default simple imprisonment for three months for the offence under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

3] Heard learned advocate Mr. Ashutoshsingh S. Rajput for the applicant and learned Additional Public Prosecutor Ms. Chetna Shah for the respondent - State.

4] Learned advocate Mr. Ashutoshsingh S. Rajput for the applicant submits that the applicant has been sentenced for a fixed period i.e. three years and pursuant to the judgment and order of conviction, the applicant has paid the amount of fine on the same day and have preferred an application at Exh: 144 under Section 389(3) of the Code of Criminal Procedure, 1973 for suspension of sentence and by the judgment and order dated 24-09-2025, the learned trial Court has suspended the sentence till the appeal period. Learned advocate for the applicant submits that the the applicant has a good case on merits and the learned trial Court has not appreciated the evidence on record and hence the execution of order of sentence imposed on 24-09-2025 by learned Special (ACB) Judge, Vadodara in Special (ACB) Case No. 02 of 2013 be suspended in the matter.

5] Learned Additional Public Prosecutor Ms. Chetna Shah for respondent – State has submitted that the role and involvement of the applicant in the alleged offence is established beyond reasonable doubt and has accordingly, urged to reject the present application, however, considering the sentence, necessary orders may be passed.

6] On perusal of the impugned judgment and order of conviction and considering the submissions of the learned advocate for the applicant as the applicant is sentenced for a fixed period and the sentence has already been suspended by the learned trial Court. 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 application requires consideration and accordingly, is allowed. The execution of the sentence in the judgment and order dated 24-09-2025 by learned Special (ACB) Judge, Vadodara in Special (ACB) Case No. 02 of 2013 is suspended during pendency of the criminal appeal and the appl