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NEUTRAL CITATION

R/CR.A/785/2026 IA ORDER DATED: 17/04/2026

0.6568037085662279

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE)

NO. 1 of 2026 In R/CRIMINAL APPEAL NO. 785 of 2026

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KIRANKUMAR HARILAL VAGHAMSHI Versus

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

Appearance:

MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1 MR. ADITYA JADEJA, APP for the RESPONDENT(s) No. 1

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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 17/04/2026

IA ORDER

1. Rule. Learned APP waives service of notice of Rule for the

respondent – State.

2. By way of the present application under Section 430 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant is seeking suspension of sentence and release on regular bail during pendency of the appeal against the judgment and order of conviction dated 30.03.2026 passed in Sessions Case No.38 of 2021 by the learned 4^th Additional Sessions Judge, District: Gandhidham @ Kachchh, whereby, the applicant was sentenced to simple imprisonment of 7 years and fine of Rs.10,000/- and in default, simple imprisonment of 1 month for the offence punishable under Section 306 read with Section 114 of the

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NEUTRAL CITATION

R/CR.A/785/2026 IA ORDER DATED: 17/04/2026

0.6568037085662279

IPC, simple imprisonment of 7 years and fine of Rs.10,000/- and in default, simple imprisonment of 1 month for the offence punishable under Section 304 - B read with Section 114 of the IPC, simple imprisonment of 1 year and fine of Rs.5,000/- and in default, simple imprisonment of 1 month for the offence punishable under Section 498-A read with Section 114 of the IPC, simple imprisonment of 3 years and fine of Rs.15,000/- and in default, simple imprisonment of 1 month for the offence punishable under Section 3 of the Dowry Prohibition Act and simple imprisonment of 6 months and fine of Rs.10,000/- and in default, simple imprisonment of 1 month for the offence punishable under Section 4 of the Dowry Prohibition Act. All the sentences were ordered to

run concurrently.

3. Learned advocate Mr. Ashish Dagli for the applicant

submits that the applicant has been sentenced for a fixed period of 7 years and out of 7 years sentence, the applicant has undergone about 4 years, 5 months and 13 days in the jail. In support of the submission, learned

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NEUTRAL CITATION

R/CR.A/785/2026 IA ORDER DATED: 17/04/2026

0.6568037085662279

advocate for the applicant has placed reliance upon the decision of the Hon’ble Apex Court in cases of Saudan Singh Vs. State of Uttar Pradesh reported in 2021 SCC Online SC 3259 and Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421 and it is requested to enlarge the applicant on bail pending the hearing and final disposal of the captioned Criminal

Appeal.

4. Learned APP for the State has objected the present

application to grant the suspension of sentence and has submitted that the jail remarks, which are taken on record, shows that the applicant has undergone sentence of 4 years, 5 months and 13 days; however, he has

submitted that appropriate order may be passed.

5. Heard learned advocates for the respective parties and

perused the documents produced on record. This Court is of the opinion that since the applicant accused has already undergone more than half of the awarded sentence i.e. substantial period of 4 years, 5 months and 13 days and since hearing of the appeal may take further time and in

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NEUTRAL CITATION

R/CR.A/785/2026 IA ORDER DATED: 17/04/2026

0.6568037085662279

view of direction given by the A