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2026 Supreme(Online)(Guj) 4510
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2026
In R/CRIMINAL APPEAL NO. 333 of 2026
KIRTANBHAI @ SESIYO SAMARSINH BARIYA Versus STATE OF GUJARAT & ANR.
Appearance:
MS. MAYURI P CHAUHAN(7069) for the PETITIONER(s) No. 1
NOTICE SERVED for the RESPONDENT(s) No. 2
MS MEGHA CHITALIYA APP for the RESPONDENT(s) No. 1
CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 23/03/2026
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
P.S. JOSHI
IA ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.
2. By way of this application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, applicant, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 137(2), 87, 64(2)(m) of the BNS and Sections 4 & 6 of Protection of Children From Sexual Offences Act.
3. The present appeal and the application for suspension of sentence arise from the judgment dated 21.08.2025 and order of sentence passed in Special POCSO Case No.01 of 2025, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
|---|---|---|---|
| 137(2), 87 of BNS | RI for 7 yrs | 10000 | RI for 3 months |
| 64(2)(m) of BNS r/w S.4 & 6 of POCSO Act | RI for 20 yrs | 20000 | RI for 6 months |
4. Facts and circumstances giving rise to file present application are that the minor victim and the applicant accused aged about 20 yrs due to their relations, remained in the company of each other for about 1 month. On the basis of complaint with respect to kidnapping and sexual abuse, the accused was arrested and put on trial and at the end, the trial Court found guilty him for the offences as referred above.
5. Learned advocate Ms. M. P. Chauhan, appearing on behalf of the applicant while praying for suspension of sentence contended that, the accused was throughout on bail and the incident was out come of intimate relationship and therefore, when there are no chances of early hearing of the appeal, keeping the accused behind the bar is nothing but a miscarried of justice.
6. On the other hand, Ms. Megha Chitaliya, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the victim was minor and having regard to the evidence on record, no case is made out as prayed for.
7. Though served, no body appears on behalf of respondent no. 2.
8. Issue arises as to whether the applicant has made out a case for suspension of sentence?
9. We have carefully examined the case records and considered the submissions made at the bar. The parties before the incident were knowing each other. They stayed together for 1 month. The accused was throughout on bail. Chances of early hearing of the appeal is bleak and remote. In such circumstances, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of suspension of sentence and grant of bail.
10. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 21.08.2025 by the learned Special (POCSO) Judge and 4th Additional Sessions Judge, Godhra at Panchmahal in Special (POCSO) Case No. 01 of 2022 is suspended during the pendency of the Criminal Appeal and the applicant shall be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court subject to condition that he will not leave India without prior permission of this Court and shall appear before this court as and when appeal is taken for final hearing and shall not change his address and in case of change in address, shall inform to the concerned police station as well as to this Court. Direct service permitted.
