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

1 of 2026 In R/CRIMINAL APPEAL NO. 540 of 2026 ==========================================================

PATEL SANDIP @ SANJAYKUMAR VISHNUBHAI GANDALAL Versus STATE OF GUJARAT & ANR.

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Appearance:

MR ANURAG MEHTA, ADVOCATE WITH MS BHAKTI M JOSHI(3820) for the PETITIONER(s) No. 1 MR KUNAL S SHAH for the RESPONDENT(s) No. 2 MR MANAN MEHTA, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 16/04/2026

IA ORDER

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Rule. Learned advocates appearing for the respective respondents waive service of Rule on behalf of respective respondents. 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 Sections 363, 366 and 376 of IPC and Sections

4 and 8 of POCSO Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 23.01.2026 and order of sentence passed in Special POCSO Case No.59 of 2014, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that, the minor victim and the applicant-accused got acquainted due to their neighbourhood, as a result, from 16.11.2013 to 22.04.2014, they stayed together and maintained intimate relationship. On the basis of FIR dated 21.11.2013, the applicant-accused came to be arrested. During the investigation, the police arrested four accused persons (A2 to A5) who had abetted the principle accused in commission of the crime and after due investigation, total five accused persons were put on trial. The learned trial court held guilty the A1 – applicant herein for the offences referred above, whereas, extending the benefit of doubt, the co-accused have been acquitted from all charges.

5. Mr. Anurag Mehta, learned advocate appearing with Ms. Bhakti Joshi, learned advocate appearing on behalf of the applicant while praying for suspension of sentence contended that, the trial of 2014 has been concluded into conviction of the applicant herein on 23.01.2026. Throughout the trial proceedings, the accused was on bail and admittedly, the victim due to relations with the applicant, remained in his company for about four months and more. In such circumstances, having regard to the grounds raised in the appeal memo, there is merit in the appeal and the appeal will take considerable time for its final adjudication and therefore, prayer may be considered.

6. On the other hand, Mr. Manan Mehta, learned Additional Public Prosecutor as well as Mr. Kunal S. Shah, learned advocate for the original complainant have supported the impugned judgment and order of conviction as passed by the trial Court and contended that, the victim was minor and defense as raised, cannot be appreciated at this stage. It is further submitted that, the complainant party was beaten up by the accused party and case for causing physical injury is pending before the trial court and therefore, there is a reasonable apprehension that if the applicant will be released on bail, then trial would certainly affected.

7. Issue arises as to whether the applicant has made out a case for suspension of sentence?

8. We have carefully examined the case records and considered the submissions made at the bar. We take notice of the fac