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

NO. 1 of 2025 In R/CRIMINAL APPEAL NO. 76 of 2026 ==========================================================

SANTOSHKUMAR KIRANBHAI ISHWARBHAI PARMAR Versus STATE OF GUJARAT & ANR.

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Appearance:

MR V B MALIK(5071) for the PETITIONER(s) No. 1 NOTICE SERVED for the RESPONDENT(s) No. 2 MR VINAY VISHEN APP for the RESPONDENT No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 17/03/2026

IA ORDER

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

2. By way of this application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, applicant, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section 137(2), 87 of the Indian Penal Code and Section 6 of Protection of Children From Sexual Offences Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 16.10.2025 and order of sentence passed in Special POCSO Case No.05 of 2025, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that minor victim and applicant were in relations and remained together from 10.11.2024 to 19.02.2025. On the basis of FIR with respect to kidnapping and sexual abuse and upon filing the chargesheet, the accused was put on trial and at the end, the trial Court found guilty him for the offences as referred above.

5. Learned advocate Mr. V. B. Malik, appearing on behalf of the applicant while praying for suspension of sentence contended that, it is a case of love affair and as such with an intent to get marry, the parties stayed together for a considerable time and since the date of arrest, the applicant is in jail and the appeal will take considerable time and therefore, it is prayed that the prayer may be considered.

6. On the other hand, Mr. Vinay Vishen, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the offence is serious one and victim was minor and as such no legal ground exists for exercising discretion.

7. Though served, no body appears on behalf of respondent no. 2.

8. Issue arises as to whether the applicant has made out a case for suspension of sentence?

9. We have carefully examined the case records and considered the submissions made at the bar. The victim and accused belong to rural area and due to their relations, they stayed together for considerable time as referred above. The applicant since 19.02.2025 is in jail and therefore, having regard to the period of incarceration and possible delay in adjudication of the appeal, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of suspension of sentence and grant of bail.

10. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated

16.10.2025 by the learned Special (POCSO) Judge and 9^th Additional District & Sessions Judge, Vadodara @ Savli in Special (POCSO) Case No. 5 of 2025 is suspended during the pendency of the Criminal Appeal and the applicant shall be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court subject to condition that he will not leave India without prior permission of this Court and shall appear before this court as and when appeal is t