IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2026 In R/CRIMINAL APPEAL NO. 229 of 2025 ==========================================================

KIRITSINH PARVATSINH RATHOD Versus STATE OF GUJARAT & ANR.

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Appearance:

MS.AKSHITABA SOLANKI(6782) for the PETITIONER(s) No. 1 NOTICE SERVED for the RESPONDENT(s) No. 2 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 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 Bharatiya Nagarik Surakhsha Sanhita, 2023, the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal against the judgment and order of conviction dated 10.10.2024 passed in POCSO Case No. 78/2022 by the learned Special POCSO Judge & 4^th Additional Sessions Judge, Vadodara, whereby, the present applicant - accused was sentenced to rigorous imprisonment of three years and fine of Rs. 10,000/- and in default, simple imprisonment of three months for the offence punishable under Section 354(A) of Indian Penal Code, 1860 and simple imprisonment of five years and fine of Rs. 10,000/- and in default, simple imprisonment of three months for the offence punishable under Section 8 of The Protection of Children from Sexual Offences (POCSO) Act, 2012 (hereinafter referred to as the “POCSO Act” for short). Both the sentences were ordered to run concurrently.

3. Heard learned advocate Mr. Harpalsinh Solanki for learned advocate Ms. Akshitaba Solanki for the applicant and learned APP Ms. C.M. Shah for the respondent State. Though served, the respondent no. 2 has not remained present either in person or through an advocate.

4. Learned Advocate Mr. Harpalsinh Solanki for the applicant submits that the applicant has already undergone sentence of 2 years, 1 month and 27 days out of the awarded sentence of five years. Moreover, learned advocate for the applicant submits that the sentence is for a fixed period and hence, the execution of order of sentence imposed on 10.10.2024 passed in POCSO Case No. 78/2022 by the learned Special POCSO Judge & 4^th Additional Sessions Judge, Vadodara be suspended in the matter. 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 hence, the application may be allowed and the applicant be enlarged on bail pending hearing and final disposal of the captioned Criminal Appeal.

5. Learned APP Ms. C.M. Shah for the respondent – State has strongly objected to the submissions made by the learned advocate for the applicant and has submitted that the applicant has been convicted a very serious offence of POCSO Act and hence, has urged this Court to reject the present application.

6. 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 appellants have been sentenced for a fixed period and when the appellate Court finds that due to practical reasons such appeal cannot be disposed of expeditiously the appellate Court must bestow special concern in the matters of suspending the sentence. And without entering into the merits of the case, this court is of the opinion that the application requires consideration and accordingly, is allowed. The order of execution of sentence dated 10.10.2024 passed in POCSO Case No. 78/2022 by the learned Special POCSO Judge & 4^th Additional Sessions Judge,