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

2 of 2023 In R/CRIMINAL APPEAL NO. 1749 of 2018 With CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2025 In R/CRIMINAL APPEAL NO. 1749 of 2018 ==========================================================

MEHULKUMAR JAYANTIBHAI PRAJAPATI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1 MS RHEA CHOKSHI(10808) for the RESPONDENT(s) No. 1 MR J K SHAH APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 03/12/2025

IA ORDER

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

CR.MA No.1 of 2025 in CR.A No.1749 of 2018 preferred by the convict through Jail stands disposed of as withdrawn as requested since the said application challenges the same order of conviction and sentence as challenged in CR.MA No.2 of 2023 in CR.A No.1749 of 2018 preferred by the applicant through private Advocate.

2. Rule. Respondents waives service. By consent of the partise, Rule is fixed forthwith.

3. By way of this application under Section 430(1) of BNSS, 2023, the applicant herein, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302, 363, 364, 201, 342, 385, 120-B of the Indian Penal Code.

4. The present appeal and the application for suspension of sentence arise from the judgment and order of sentence dated 12.05.2018 passed in Sessions Case No.156 of 2014 by the learned Additional Sessions Judge, Deesa at Banaskantha, whereby, the applicant herein was convicted and sentenced as under:

Section Sentence Section 302 r/w 120-B of the IPC Rigorous Imprisonment of Life and to pay fine of Rs.50,000/- and in default of paying fine, further simple imprisonment of 2 years.

364 of IPC t/w. 120 (b) of IPC 10 years rigorous Imprisonment and to pay fine of Rs. 50,000/-and in default of paying fine, further 1 year simple imprisonment.

363 of IPC 5 years rigorous Imprisonment. 385 of IPC 2 years rigorous Imprisonment.

201 of IPC No Separate sentence is awarded.

341 of IPC 1 month simple Imprisonment. 342 of IPC 1 Year rigorous Imprisonment.

5. Facts and circumstances giving rise to file present application as is appearing from the application are that on 25/3/14 at 5:40 am, the complainant Trilokchandra Shantilal Shah woke up his son Jainam as he had to go for tuition at 6 am and got him ready. At 6 am, his son jainam left for Parthubhai's house next to Ramji Temple where Dinaben was taking tuition. Both the complainant and his wife Niruben were present at home. In the morning, the complainant went to take bath and his wife went to the garden behind the fence to pick flowers and when she returned with the flowers, she told complainant that someone's phone was ringing on his mobile phone, so he called on phone no. 9601604378 at 7:14 am and someone spoke in Hindi on the phone that "I have kidnapped your son. Bombay with fifty lakh rupees." So the complainant asked him on the phone that from where he is speaking, he said that he was from Bombay, and told the complainant to ask his son's teacher whether his son reached to tuition and hung up phone. Thereafter the complainant called Dinaben from his mobile phone, where her son Jainam goes for tuition in front of Thara Ramji Temple, and asked her if her son Jainam has come for tuition and Dinaben told the complainant over the phone that his son Jainam has not come for tuition yet. Thereafter the complainant hung up the mobile phone and sent his younger brother Dilipbhai's son Harshbhai Jainam had taken to go to the tuition to make sure, and his Pleasure (Activa) No. GJ.8.AF.4834 to the tuition in the morning and said Activa was lying in front of Shantinath Dada's temple in Thara village. His brother's son Harsh returned to the home not complainant th