In cases of fixed-term sentences where the appeal cannot be disposed of expeditiously, the appellate court should prioritize the suspension of the sentence to ensure justice.

ORAL ORDER

ORDER IN CRIMINAL APPEAL

Issue NOTICE to the respondents making it returnable on 20-07-2026. Learned Additional Public Prosecutor waives service of notice of admission on behalf of the respondent No. 1 – State.

ORDER IN CRIMINAL MISC. APPLICATION

1] RULE. Learned Additional Public Prosecutor waives service of rule on behalf of the respondent No. 1 – State.

2] This application is filed by the applicants for suspension of sentence in connection with the conviction recorded vide judgment and order dated 22-08-2025 by the learned Special Judge (SC & ST Act) (hereinafter referred to as the learned Trial Court), Rajkot in ATRO Case No. 18 of 2021, whereby, the applicants were convicted for the offences under Sections 323 read with 114 of the Indian Penal Code, 1860 and Section 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act and sentenced to simple imprisonment for six (06) months and fine of Rs.500/- each and in default simple imprisonment for one (01) month for the offence under Sections 323 and 114 of the Indian Penal Code, 1860 and simple imprisonment for six (06) months and fine of Rs.500/- each and in default simple imprisonment for one (01) month for the offence under Section 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Both the sentences were ordered to run concurrently.

3] Heard learned advocate Mr. M.S.Padaliya for the applicants and learned Additional Public Prosecutor Mr. Aditya Jadeja for the respondent No. 1 – State.

4] Learned advocate Mr. M.S. Padaliya for the applicants submits that after the applicants came to be convicted and sentenced by the learned Trial Court, they had preferred an application below Exh. 97 seeking suspension of sentence during the appeal period. The learned Trial Court, vide order dated 22.08.2025, was pleased to suspend the sentence for the said period. He further submits that the present appeal could not be filed within the prescribed period of limitation and, thereafter, the applicants have surrendered before the learned Trial Court on 27.04.2026 and have been in custody since then. It is further submitted that the applicants have a strong case on merits and, considering that the sentence had already been suspended by the learned Trial Court, the applicants may kindly be released on appropriate terms and conditions as may be deemed fit by this Hon’ble Court. Learned advocate submits that 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 applicants in jail for indefinite period with hardened criminals. The applicants have a good case on merits and hence, the order of the sentence may be suspended and the applicants may be released on regular bail on appropriate terms and condition.

5] Learned Additional Public Prosecutor Mr. Aditya Jadeja for respondent No. 1 – State has objected to the present application to grant suspension of sentence and has submitted that the order of sentence is just and proper and no interference is required in the order passed by the learned Special Judge, however, in view of the quantum of sentence, necessary order may be passed.

6] On perusal of the impugned judgment and order of conviction and considering the submissions of the learned advocate for the applicant, the arguments of learned advocate for the applicants deserves consideration as the applicants are sentenced for a fixed period and the sentence is for a fix period of six (06) months and the appeal is not likely to be heard in near future, the present application for suspension of sentence can be considered in view of the decision rendered in case of Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421, wherein, it has been held that when the sentence is for a fixed period, the appellate Court finds that due to practical reasons such appeal cannot be disposed of expeditiously the appellate