IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2026 In R/CRIMINAL APPEAL NO. 2462 of 2025 ==========================================================

MAHESHJI @ BOBO HEMAJI PARBATJI THAKOR Versus STATE OF GUJARAT & ANR.

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

Appearance:

MR AVANIDHAR M THAKORE(10377) for the PETITIONER(s) No. 1 NOTICE SERVED for the RESPONDENT(s) No. 2 MS SHRUTI PATHAK APP for the RESPONDENT No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 10/04/2026

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 363 of the Indian Penal Code and Sections 4 & 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 08.07.2023 and order of sentence passed in Special POCSO Case No. 33 of 2022, 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 the applicant accused were in relations and due to their relations, they remained together from 23.02.2022 to 04.04.2022. On the basis of complaint with respect to kidnapping and sexual abuse, the accused came to be arrested and at the conclusion of the trial, the trial Court found guilty the accused for the offences referred above.

5. Learned advocate Mr. Avanidhar Thakore, appearing on behalf of the applicant while praying for suspension of sentence contended that, the incarceration period is 3 years and till date, the conviction appeal has not been listed for final hearing and therefore, it is submitted that, the prayer may be considered.

6. On the other hand, Ms. Shruti Pathak, 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 in absence of any compelling reasons, the application may not be entertained.

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, prior to the offence, the victim and accused had been in relations and remained together for a considerable time. The incarceration period is 3 years and appeal challenging the conviction may not likely to be heard finally in near future. In such circumstances, 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 08.07.2023 by the learned Special (POCSO) Judge, Mehsana in Special (POCSO) Case No. 33 of 2022 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 taken for final hearing and shall not change his address and in case of change in address, shall inform to the concern