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

1 of 2025 In R/CRIMINAL APPEAL NO. 3256 of 2025 ==========================================================

RAMIZBHAI MAHAMADBHAI GHANCHI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR J.M. PANCHAL, SENIOR ADVOCATE WITH MR ZUBIN F BHARDA(159)

for the PETITIONER(s) No. 1 MR RONAK RAVAL, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 16/02/2026

IA ORDER

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

1. Rule. Learned APP waives service of Rule on behalf of respondent State and Mr.Bhavesh Sarode, learned advocate waives service of Rule on behalf of the private respondent. By consent, Rule is fixed forthwith.

2. We have heard Mr.J.M. Panchal, learned Senior Advocate appearing with Mr.Zubin Bharda, learned advocate, Mr.Bhavesh Sarode, learned advocate and Mr.Ronak Raval, learned APP for the respective parties.

3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Ramizbhai Mahamadbhai Ghanchi, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section 302, 364, 120(B) and 34 of the Indian Penal Code.

4. The present appeal and the application for suspension of sentence arise from the judgment dated 18.12.2025 and order of sentence passed in Sessions Case No.09 of 2021, whereby, the applicant herein was convicted and sentenced as under:

5. Facts and circumstances giving rise to file present application are that pursuant to the FIR, being C.R.No.38 of 2020, registered for the offences punishable under Sections 302, 364, 365, 352 read with Sections 34 and 120(B) of the Indian Penal Code, the Sessions Court at Mehsana convicted and sentenced, the seven accused for the offence of murder, attempt to murder and kidnapping for the purpose of murder. The applicant herein – Ramizbhai Mahamadbhai Ghanchi was implicated as accused no.7 and as per the prosecution case, the accused have had the common intention to kill the deceased Sarifkhan Nasifkhan and in order to execute the common intention the conspiracy was being hatched amongst the accused, as a result, on 23.03.2019, the car of the deceased in which he was travelling was dashed with the pick-up van and after the dashing, the accused, who were following the pick-up van travelling in the Creta Car, came down and taking the dangerous weapons in their hands like stick, sword, and iron pipe, assaulted the deceased, and thereafter, taking at the place of the incident, he was brutally killed by the accused. The deceased was taken to the V.S. Hospital, Ahmedabad and on 24.09.2019, he succumbed to injuries. The motive for the murder was the marriage of the deceased with women of Ghanchi Community, which was not acceptable to the accused. So far as applicant original accused no.7 is concerned, it was alleged that at his instance, the conspiracy was having been hatched and under his guidance, the entire conspiracy being executed by the accused nos.1 to 6. It is further alleged that at the instance of the applicant, GPS system was being purchased and installed in the car of the deceased so that the accused could track him and the applicant accused was in constant touch with the co-accused on his mobile.

After registration of the offence, and upon due investigation of the case, three different chargesheets came to be filed against in all seven accused. The learned Trial Court, after appreciation of the evidence, held guilty all the accused for the act of murder, kidnapping and kidnapping for murder. The ap