##PAGE1##

NEUTRAL CITATION

R/CR.A/1258/2019 IA ORDER DATED: 06/04/2026

0.9848304723891091

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

1 of 2026 In

R/CRIMINAL APPEAL NO. 1258 of 2019 ==========================================================

RABARI DINESHBHAI KALUBHAI Versus

STATE OF GUJARAT ==========================================================

Appearance:

MR HRIDAY BUCH(2372) for the PETITIONER(s) No. 1 MR L B DABHI APP for the RESPONDENT(s) No. 1

==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and

HONOURABLE MR. JUSTICE R. T. VACHHANI

Date : 06/04/2026

IA ORDER

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

Rule. Learned APP Mr.L B Dabhi, waives service of notice of rule on behalf of the respondent – State.

2. By this application, under Section 430(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant – convict seeks to suspend the conviction recorded vide judgement and order of conviction dated 18.06.2019 passed by the learned Sessions Judge, Mehsana in Sessions Case No. 35 of 2017 whereby the applicant – convict has been convicted

and sentenced as under:

1. For the offence under Section 147 of Indian Penal Code, applicant is ordered to undergo the sentence of Simple Imprisonment of 6 months and to pay fine of Rs.1000/- and in default, to undergo

Simple Imprisonment of 1 month.

2. For the offence under Section 148 of Indian Penal Code, the Applicant is ordered to undergo the sentence of Simple

Page 1 of 6 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Apr 07 2026 Downloaded on : Fri Apr 10 05:12:15 IST 2026

NEUTRAL CITATION

R/CR.A/1258/2019 IA ORDER DATED: 06/04/2026

0.9848304723891091

Imprisonment of 1 year and to pay fine of Rs.1000/- and in default, to undergo Simple Imprisonment of 1 month.

3. For the offence under Section 307 r/w Section 149 of Indian Penal Code, the Applicant is ordered to undergo the sentence of Rigorous Imprisonment of 7 years and to pay fine of Rs.5000/- and in

default, to undergo Simple Imprisonment of 6 months.

4. For the offence under Section 325 of Indian Penal Code, the Applicant is ordered to undergo the sentence of Rigorous Imprisonment of 2 years and to pay fine of Rs.3000/- and in

default, to undergo Simple Imprisonment of 3 months.

5. For the offence under Section 324 of Indian Penal Code, the Applicant is ordered to undergo the sentence of Rigorous Imprisonment of 1 years and to pay fine of Rs.2000/- and in

default, to undergo Simple Imprisonment of 2 months.

6. For the offence under Section 323 of Indian Penal Code, the applicant is ordered to undergo the sentence of Rigorous Imprisonment of 6 months and to pay fine of Rs.1000/- and in

default, to undergo Simple Imprisonment of 1 months.

7. All the sentences are ordered to run concurrently.

3. Against the said judgment and order of sentence, the applicant – convict with other co-accused persons preferred an appeal before this Court being Criminal Appeal No.1258 of 2019 with CR.MA No.1 of 2019 seeking suspension of sentence which came to be allowed by an order dated 24/06/2019 whereby pending the hearing of the appeal, the sentence imposed upon the applicant – convict came to be suspended

while releasing him on bail on furnishing bail bond and surety.

4. Now, by filing the present application, the applicant – convict seeks to suspend the conviction as recorded herein above against him as

Page 2 of 6 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Apr 07 2026 Downloaded on : Fri Apr 10 05:12:15 IST 2026

NEUTRAL CITATION

R/CR.A/1258/2019 IA ORDER DATED: 06/04/2026

0.9848304723891091

the applicant is selected for the post of driver with Gujarat State Road Transport Corporation and therefore unless the same is suspended, the applicant may not be able to take charge with the concerned department. It is further submitted that, at the time of alleged incident, the applicant was aged only 20 years and the role attributed