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 415 of the Bharatiya Nagarik Surakhsha Sanhita, 2023, the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal against the judgment and order passed in Sessions Case No.24 of 2022 by the learned Sessions Judge, Narmada, District Rajpipla on 13.03.2026, whereby, the present applicant - accused was sentenced to rigorous imprisonment of 04 years and fine of Rs.1,000/- and in default simple imprisonment of 01 month for the offence under Section 323 of the IPC and rigorous imprisonment of 03 months and fine of Rs.500/- and in default rigorous imprisonment of 15 days under Section 504 of IPC. The learned Trial Court was pleased to order that all the sentences shall run concurrently.

3. Heard learned advocate Mr. Parthiv A. Bhatt for the applicant and learned APP Ms. C.M. Shah for the respondent State.

4. Learned Advocate Mr. Parthiv A. Bhatt for the applicant submits that the applicant has been sentenced to a maximum period of three years and by a judgment and order dated 13.03.2026 and pursuant to the judgment and order of conviction, the applicant had filed an application at Exh.112 for suspension of sentence under Section 430 of the B.N.S.S. The learned Trial Court was pleased to allow the application and suspend the execution of the sentence and release the applicant on bail. The applicant has filed the appeal within the period of limitation and the applicant has been protected till today. Learned advocate further submits that the applicant has paid the amount of fine and has been sentenced for a fixed period and has a good case on merits. Moreover, the 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 application may be allowed and the applicant be enlarged on bail pending hearing and final disposal of the captioned Criminal Appeal.

5. Learned APP Ms. C.M. Shah for the respondent – State has strongly objected to the submissions made by the learned advocate for the applicant and has submitted that the learned Trial Court has rightly convicted the present applicant as he has been involved in a very serious offence ,however, necessary orders may be passed in the interest of justice.

6. On perusal of the impugned judgment and order passed by the learned Trial Court below Exh.112, it appears that the execution of order of sentence of the applicant has been suspended and the order has been continued till today. Moreover, on perusal of the impugned judgment and order, it appears that the arguments of the learned advocate for the applicant deserves consideration.

7. At this juncture, it would also be fit to refer to the judgment of the Apex Court in the case Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421, wherein, it has been held that when the appellant has been sentenced for a fixed period and when the appellate Court finds that due to practical reasons such appeal cannot be disposed of expeditiously the appellate Court must bestow special concern in the matters of suspending the sentence. And without entering into the merits of the case, this court is of the opinion that the application requires consideration and accordingly, is allowed. Accordingly, present application is allowed. The order of execution of sentence passed in Sessions Case No.24 of 2022 by the learned Sessions Judge, Narmada, District Rajpipla on 13.03.2026, is suspended during pendency of the Criminal Appeal and the