IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC. APPLICATION (FOR SUSPENSION OF SENTENCE)

NO. 1 of 2025 In R/CRIMINAL APPEAL NO. 1410 of 2025 ========================================================

KANHU S/O JUGAL GAUDA Versus STATE OF GUJARAT ========================================================

Appearance:

MR SALIM M SAIYED(5172) 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 : 30/03/2026

IA ORDER

1. Rule. Learned APP waives service of notice of rule for the respondent – State.

2. By way of the present application under Section 430 of the BNSS, 2023, the present applicant – original accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal application against the judgment and order passed by the learned Special Judge, (NDPS) & 12^th Additional Sessions Court, Surat (hereinafter referred to as ‘the learned Trial Court’) in NDPS Case No. 38 of 2019 on 26.03.2025, whereby, the learned Additional Sessions Judge has sentenced the present applicant – original accused to undergo to rigorous imprisonment of 10 years and fine of Rs.1,00,000/- and in default, simple imprisonment of 01 year for the offence punishable under Sections 8(c), 20(b)(ii)(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act, (herein after referred to as ‘the NDPS Act”).

3. Learned advocate Mr. Salim Saiyed for the applicant submits that the conviction and sentence is essentially under Sections 8(c), 20(b)(ii)(c) and 29 of the NDPS Act. It is submitted that the applicant has been sentenced for a fixed period of 10 years and out of 10 years sentence, the applicant has undergone about 06 years, 02 months and 09 days in the jail. In support of the 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 and 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 and it is requested to enlarge the applicant on bail pending the hearing and final disposal of the captioned Criminal Appeal.

4. Learned APP for the State has objected the present application to grant the suspension of sentence and has submitted that the jail remarks, which are taken on record, shows that the applicant has undergone sentence of 06 years, 02 months and 09 days; however, she has submitted that appropriate order may be passed.

5. Heard learned advocates for the respective parties and perused the documents produced on record. 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 06 years, 02 months and 09 days and since 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 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 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 sentences so as to make the appeal right meaningful and effective. In light of the aforesaid facts that as the appellant has already undergone suffi