IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 1 of

2026 In R/CRIMINAL APPEAL NO. 1795 of 2021 ==========================================================

KANUBHAI MADHUBHAI DAMOR Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

THROUGH JAIL for the PETITIONER(s) No. 1 MS. MEGHA CHITALIYA, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 20/03/2026

IA ORDER

1. The present application has been filed, through jail, seeking regular bail on the ground that he has undergone more than 50%

of the sentence awarded.

2. As per the order dated 22-01-2026, learned advocate Mr. V.B.Mehta was directed to be intimated regarding the pendency of the present application and the note of the Registry suggests that the same has been intimated by the Registry through E-mail to the learned advocate Mr. V.B.Mehta, who has filed the captioned Criminal Appeal No. 1795 of 2021. When the matter is called out, learned advocate Mr. V.B.Mehta has not appeared to make the submissions.

3. This application is filed by the applicant for suspension of sentence in connection with the conviction recorded vide judgment and order dated 15.11.2021 passed in Sessions Case No.15 of 2020 by the learned Sessions Judge, Sabarkantha at Himmatnagar, whereby, the present applicant - accused was sentenced to rigorous imprisonment of seven years and fine of Rs.7,500/- and in default simple imprisonment of one month for the offence under Section 307 of the IPC, rigorous imprisonment of five years and fine of Rs.7,500/- and in default simple imprisonment of one month for the offence under Section 326 of the IPC and simple imprisonment of three months and fine of Rs.500/- and in default simple imprisonment of one month for the offence under Section 337 of the IPC. The learned Trial Court was pleased to order that all the sentences shall run concurrently. In the application, the applicant has stated that the application may be considered as he has undergone 50% of the sentence awarded.

4. Heard learned APP Ms. C.M.Shah and perused the fresh jail remarks on record.

5. Perused the documents produced on record. The applicant has been convicted by a judgment and order dated 15.11.2021 passed in Sessions Case No.15/2020 by the learned Sessions Judge, Sabarkantha at Himmatnagar and the jail remarks suggests that the applicant has completed 4 years, 02 months and 06 days in jail of the awarded sentence. The application may be considered in light of the decisions of the Apex Court in the case of Saudan Singh Vs. State of Chhatisgarh passed in Special Leave to Appeal (Crl) No. 4633 of 2021 and also in the case of Atul @ Ashutosh V. State of Madhya Pradesh in Criminal Appeal No. 579 of 2024 on 02.02.2024. Without entering into the merits of the case, this Court is of the opinion that since the applicant – accused has already undergone more than half of the awarded sentence i.e. substantial period of 4 years, 02 months and 06 days in jail and since hearing of the appeal may take further time and in view of direction given by the Apex Court in the case of Saudan Singh Vs. State of Uttar Pradesh reported in 2021 SCC Online SC 3259, wherein, it has been held that the convict is in custody in cases other than life sentence cases and in those cases again the broad parameter of 50% of the actual sentence undergone can be the basis for grant of bail and also in view of the decision in the case of Atul @ Ashutosh (Supra), wherein, it has been held that out of fixed term sentence of five years, the accused has already undergone more than half of the sentence and appeal is not likely to be heard before he completes the entire sentence and therefore, a case is made out for grant of suspension.

5.1] 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 Gu