IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2026 In R/CRIMINAL APPEAL NO. 1658 of 2025 ==========================================================

BHABHLUBHAI TAPUBHAI BHALIYANI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. VIRAL VYAS FOR MR ASHISH M DAGLI for the PETITIONER(s) No. 1 MS.C.M.SHAH, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 12/02/2026

IA ORDER

1) RULE. Learned Additional Public Prosecutor appears and waives service of notice of rule on behalf of the respondent – State. 2) By way of the present application under Section 430 of the Bhartiya Nagarik Suraksha Sanhita, 2003, the appellant is seeking suspension of sentence and release on regular bail during pendency of the appeal against the judgment and order of conviction dated 06-06-2025 passed in Sessions Case No. 14 of 2019 by the learned District & Sessions Judge, Surendranagar, whereby, the applicant was sentenced to rigorous imprisonment of ten (10) years and fine of Rs.25,000/- and in default, simple imprisonment of one (01) year for the offence punishable under Sections 304(2) of the IPC and rigorous imprisonment of six (06) months and fine of Rs.1,000/- and in default, simple imprisonment of one (01) month for the offence punishable under Section 135 of the Gujarat Police Act. All the sentences were ordered to run concurrently.

3) Learned advocate Mr. Viral Vyas for the applicant submits that the applicant has been sentenced for a fixed period of ten years and the applicant has undergone more than six years of sentence. Learned advocate submits that earlier, the applicant has filed an application for suspension of sentence which was withdrawn. The applicant is suffering from a psychiatric condition and the applicant is regularly taken to the hospital for treatment and the present application may be considered in light of the decisions of the Apex Court in the case of Saudan Singh Vs. State of Chhattisgarh 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. Learned advocate further 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 also considering his medical condition, the order of the sentence may be suspended and the applicant may be released on regular bail on appropriate terms and condition.

4) Learned APP Ms. C.M.Shah for the respondent - State has urged this Court 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, the present application may be rejected and the applicant may not be released on bail.

5) At the outset, it would be appropriate to refer to the observation of the Apex Court in the case of Atul @ Ashutosh (Supra), which is as under:

“Heard learned counsel for the parties.

Leave granted.

Out of fixed term sentence of five years, the appellant- accused has already undergone half of the sentence. The appeal against conviction of the year 2022 is not likely to reach before he completes the entire sentence. Hence, a case is made out for grant of suspension of sentence pending the appeal and grant of bail. For that purpose, the appellant shall be produced before the Trial Court within a period of one week from today.

The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the final disposal of the appeal before the High Court.

Before parting with order, we must note here that notwithstanding several decisions of this Court holding that when there is a fixed term sentence and espe