When a sentence is for a fixed period and the appeal cannot be disposed of expeditiously, the appellate court should generally grant the suspension of the sentence.

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 Nos. 1, 2 and 4 for suspension of sentence in connection with the conviction recorded vide judgment and order dated 09.10.2025 by the learned Sessions Judge, Sabarkantha @ Himmatnagar in Sessions Case No. 38 of 2019 whereby, the applicant Nos. 1, 2 and 4 were convicted for the offences punishable under Section 324 of the Indian Penal Code, 1860 and sentenced to rigorous imprisonment for three years and fine of Rs.1,000/- Each and in default simple imprisonment for thirty days for the offence under Section 324 of IPC.

3] Heard learned advocate Mr. F.B.Brahmbhatt for the applicant Nos. 1, 2 and 4 and learned Additional Public Prosecutor Mr. Aditya Jadeja for the respondent - State.

4] Learned advocate Mr. F.B.Brahmbhatt for the applicant Nos. 1, 2 and 4 submits that after the judgment and order of sentence, the applicant Nos. 1, 2 and 4 had preferred an application at Exh: 138 for suspension of sentence and the sentence was suspended for the appeal period by an order dated 09.10.2025. The amount of fine has been paid by the applicant Nos. 1,2 and 4. The sentence is for a fixed period and the applicant Nos. 1, 2 and 4 have a good case on merits and hence the execution of order of sentence imposed on 09.10.2025 by the learned Sessions Judge, Sabarkantha @ Himmatnagar in Sessions Case No. 38 of 2019 be suspended in the matter

5] Learned Additional Public Prosecutor Mr. Aditya Jadeja for respondent – State has submitted that the role and involvement of the applicant Nos. 1, 2 and 4 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 Nos. 1, 2 and 4 as the applicant Nos. 1, 2 and 4 are 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 09.10.2025 passed by the learned Sessions Judge, Sabarkantha @ Himmatnagar in Sessions Case No. 38 of 2019 is suspended during pendency of the criminal appeal and the applicant Nos. 1, 2 and 4 are ordered to be released on bail on furnishing personal bond of Rs.10,000/- each (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the trial Court and on the following conditions: -

(i) shall not take undue advantage of liberty or misuse liberty;

(ii) shall not leave India without prior permission of this Court;

(iii) shall furnish the present addresses of their residences to the Court concerned at the time of execution of the bond;

(iv) shall maintain law and order;

(v) shall not indulge in any activity leading to breach of public peace and tranquility.

(vi) shall pay the amount of fine, if not paid, within a period of four weeks.

7. Rule made absolute. D