IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 339 of 2026 With CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2026 In R/CRIMINAL APPEAL NO. 339 of 2026 ==========================================================

VINAL PRAVINCHANDRA MAJMUDAR Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH M DAGLI(2203) for the Appellant(s) No. 1 MR. ADITYA JADEJA, APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 16/02/2026

ORAL ORDER

ORDER IN CRIMINAL APPEAL ADMIT. Learned Additional Public Prosecutor waives service of notice of admission on behalf of the respondent No. 1 – State.

ORDER IN CRIMINAL MISC. APPLICATION

1] RULE. Learned Additional Public Prosecutor waives service of rule on behalf of the respondent No. 1 – State.

2] This application is filed by the applicant for suspension of sentence in connection with the conviction recorded vide judgment and order dated 17-01-2026 by the learned 5^th Additional Sessions Judge, Vadodara in Sessions Case No. 46 of 2024, whereby, the applicant was convicted for the offences under Section 354(a)(1)(i) of the Indian Penal Code, 1860 and sentenced to rigorous imprisonment for one (01) year and fine of Rs.2,000/- and in default simple imprisonment for two (02) months for the offence under Section 354(A)(1)(i) of the IPC.

3] Heard learned advocate Mr. Viral Vyas for learned advocate Mr. Ashish Dagli for the applicant and learned Additional Public Prosecutor Mr. Aditya Jadeja for the respondent No. 1 – State.

4] Learned advocate for the applicant – accused submits that after the applicant was convicted by the learned Sessions Judge, Vadodara, the applicant had preferred an application below Exh.56 to suspend the sentence for appeal period accordingly, the learned Sessions Judge suspended the sentence upto appeal period by order dated 17-01-2026. The learned advocate submits that the present appeal is not likely to be heard in near future and hearing of the same would take some long time and hence, no purpose would be served by keeping the applicant in jail for indefinite period with hardened criminals. The applicant has a good case on merits and hence, the order of the sentence may be suspended and the applicant may be released on regular bail on appropriate terms and condition.

5] Learned APP for the State has objected to the present application to grant suspension of sentence and has submitted that the order of sentence is just and proper and no interference is required in the order passed by the learned Sessions Judge and hence, present application may be rejected.

6] On perusal of the impugned judgment and order of conviction and considering the submissions of the learned advocate for the applicant, the arguments of learned advocate for the applicant deserves consideration as the applicant is sentenced for a fixed period and the sentence is for a fix period of one (01) year and the appeal is not likely to be heard in near future, the present application for suspension of sentence can be considered in view of the decision rendered in case of 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 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 arguments of the learned advocate for the applicant, requires consideration and accordingly, is allowed. The execution of the sentence in the judgment and order dated 15-10-2025 by the learned Special Judge, (POCSO) & Additional Sessions Judge, Jamnagar in Special (POCSO) Case No. 38 of 2023 is suspended during pendency of the criminal appeal