IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 9 of 2026 With CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2025 In R/CRIMINAL APPEAL NO. 9 of 2026 ==========================================================

VALKUBHAI SHAMJIBHAI DABHI Versus STATE OF GUJARAT & ANR.

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Appearance:

MRS NASRIN N SHAIKH(2451) for the Appellant(s) No. 1 MS. C.M SHAH, APP for the Opponent(s)/Respondent(s) No. 1 REFUSED SERVED (N)(10) for the Opponent(s)/Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 07/04/2026

ORAL ORDER

ORDER IN CRIMINAL APPEAL:

Admit. Learned APP waives service of admission for and on behalf of the respondent State.

ORDER IN CRIMINAL MISC. APPLICATION:

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 through jail during pendency of the present appeal against the judgment and order of conviction dated 24.11.2025 passed in Special (POCSO) Case No. 30/2018 by the learned Special Judge (POCSO), Surendranagar, whereby, the present applicant - accused was sentenced to rigorous imprisonment of three years and fine of Rs. 3,000/- and in default, simple imprisonment of three months for the offence punishable under Section 363 of Indian Penal Code, rigorous imprisonment of five years and fine of Rs. 5,000/- and in default, simple imprisonment of five months for the offence punishable under Section 366 of Indian Penal Code and rigorous imprisonment of ten years and fine of Rs. 10,000/- and in default, simple imprisonment of six months for the offence punishable under Section 376 of Indian Penal Code, 1860 read with Section 5(L) and 6 of the POCSO Act. All the sentences were ordered to run concurrently.

3. Heard learned advocate Ms. Nasreen Shaikh for the applicant and learned APP Ms. C.M. Shah for the respondent State.

4. Learned Advocate Ms. Nasreen Shaikh for the applicant submits that the applicant has been sentenced for a fixed period of ten years and the applicant has already completed more than half of the awarded sentence i.e. substantial period of 7 years, 1 months and 4 days in jail and the application may be considered in light of the decisions of the Apex Court in the case of Saudan Singh Vs. State of Chhatisgarh 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 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 suspension may be allowed and the applicant be enlarged on bail pending the hearing and final disposal of the captioned Criminal Appeal.

5. Learned APP for the respondent – State has strongly objected to the submissions made by the learned advocate for the applicant and has submitted the jail remarks which shows that the applicant has undergone 7 years, 1 months and 4 days in jail and that learned Trial Court has rightly convicted the present applicant as he has been involved in a very serious offence, however has requested this Court to pass necessary orders considering the period of sentence undergone.

6. The Apex Court in the case of Atul @ Ashutosh (Supra), has observed 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 rea