IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2026 In R/CRIMINAL APPEAL NO. 190 of 2026 ==========================================================

SHAILESH @ LALO S/O SHAMBHUBHAI JADAVBHAI PRAJAPATI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR VINOD B GUPTA(1904) for the PETITIONER(s) No. 1 MR YASH V GUPTA(11814) 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. Rule. Learned APP Ms. Megha Chitaliya waives service of notice of rule for the respondent – State.

2. By way of present application under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal application against the judgment and order of conviction in NDPS Case No. 10 of 2015 passed by the learned Special Judge (NDPS), Ahmedabad on 02-01-2026, whereby, the learned Trial Court has sentenced the applicant – original accused to undergo to rigorous imprisonment of 10 years and fine of Rs.2,00,000/-, and in default, simple imprisonment of six months for the offence punishable under Sections 8(c) and 20(b)(ii)(c) of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act).

3. Heard learned advocate Mr. Yash Gupta for the applicant – accused and learned APP Ms. Megha Chitaliya for the respondent – State.

4. Learned advocate Mr. Yash Gupta for the applicant – accused submits that the conviction and sentence is essentially under 8(c) and 20(b)(ii)(c) of the NDPS Act. It is submitted that the offence was registered in May, 2015 and the applicant was arrested on 10.05.2015 and out of 10 years sentence, the applicant has remained in jail for more than 6 years. In support of his submission, learned advocate for the applicant has placed reliance upon the decision of the Hon’ble Apex Court in cases of Mossa Koya Vs. State (NCT of Delhi) reported in 2021 SCC Online 3110, Saudan Singh Vs. State of Chhatisgarh passed in Special Leave to Appeal (Crl) No. 4633 of 2021 and Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421. Learned advocate Mr. Yash Gupta for the applicant further submits that the present appeal is not likely to be heard in near future and hearing of the same would take a 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 and has submitted that the jail remarks, which shows that the applicant has remained in jail for 6 years 6 months 22 days.

6. Considering the observations made by the Apex Court in the case of Mossa Koya Vs. State (NCT of Delhi) reported in 2021 SCC Online 3110 and on perusal of the impugned judgment and order of conviction and also the paper book produced on record by the learned advocate for the applicant, without entering into the merits of the case, this Court is of the opinion that since the applicant – accused has already remained in jail for 6 years 6 months 22 days and hearing of the appeal may take further time and in view of direction given by the Apex Court in the case of Mossa Koya Vs. State (NCT of Delhi) and particularly, 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. At this juncture, it would also be fit to ref