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

1 of 2026 In R/CRIMINAL APPEAL NO. 332 of 2026 ==========================================================

VINOD @ VINU MANSUKHBHAI @ MANUBHAI PARMAR Versus STATE OF GUJARAT & ANR.

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Appearance:

DIPAKKUMAR D PRAJAPATI(9318) for the PETITIONER(s) No. 1 NOTICE SERVED for the RESPONDENT(s) No. 2 MR BHARGAV PANDYA APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 16/03/2026

IA ORDER

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

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 Nagrik Suraksha Sanhita, 2023, applicant, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section 376(2)(n), 323 363, 366 of the Indian Penal Code.

3. The present appeal and the application for suspension of sentence arise from the judgment dated

12.11.2025 and order of sentence passed in Special POCSO Case No.45 of 2020, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that, the victim aged about 16 years and 07 months and applicant accused, prior to the incident they were in relations and due to their acquaintance, they stayed together at different places. On the basis of FIR with respect to offence of kidnapping and sexual abuse, the accused was put on trial and at the conclusion of the trial, he found guilty for the offences referred above.

5. Learned advocate Mr.Prajapati, appearing on behalf of the applicant while praying for suspension of sentence contended that, this is a case of love affair since last three years, the trial Court could not have convicted the accused and in that view of the matter, there is a merits in the appeal and considering the possible delay in adjudicating the appeal, the application may be considered.

6. On the other hand, Mr.Bhargav Pandya, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the victim was minor and theory of consent, at this stage cannot be appreciated.

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. In the facts of the present case, the victim and the accused belonged to labour class and prior to the FIR, they were knowing each other and there was love affair between them since last three years as stated by the victim in her statement recorded under Section 164 of Cr.PC. In such circumstances, when appeal will not likely to be heard in near future and considering the nature of relations of the parties, imposing stringent condition, 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 12.11.2025 by the learned 4^th Additional Sessions Judge & Special Judge (POCSO), Amreli in Sessions Case No.45 of 2020 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 l