IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE)

NO. 1 of 2025 In R/CRIMINAL APPEAL NO. 1097 of 2023 ========================================================

KANUBHAI MANILAL PARMAR Versus STATE OF GUJARAT ========================================================

Appearance:

MR PV PATADIYA(5924) for the PETITIONER(s) No. 1 MS.C.M.SHAH, APP for the RESPONDENT(s) No. 1 ========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 13/03/2026

IA ORDER

1. Rule. Learned APP Ms.C.M.Shah waives service of notice of Rule for the respondent – State.

2. By way of the present application under Section 389 of the Code of Criminal Procedure, 1973, the applicant is seeking suspension of sentence and release on regular bail during pendency of the captioned criminal appeal against the judgment and order of conviction passed by the learned Principal Sessions Judge, Gandhinagar in Sessions Case No. 36 of 2020 on 15.03.2023, whereby, the applicant was sentenced to rigorous imprisonment of 7 years and fine of Rs.3,000/-, and in default, rigorous imprisonment of 3 months for the offence punishable under Section 307 of the IPC and rigorous imprisonment of 6 months and fine of Rs.500/-, and in default, rigorous imprisonment of 1 month for the offence punishable under Section 135 of the Police Act. The learned Trial Court was further pleased to order that both the sentences were to run concurrently.

3. Learned advocate Mr.Nilesh I. Jani for the applicant submits that the applicant has been sentenced for a fixed period of 7 years and the applicant has already completed more than half of the awarded sentence i.e. substantial period of 4 years, 03 months and 22 days in jail and the application may be considered in light of the decisions of the Apex Court in the case of Saudan Singh Vs. State of Chhatisgarh passed in Special Leave to Appeal (Crl) No. 4633 of 2021 and also in the case of Atul @ Ashutosh V. State of Madhya Pradesh in Criminal Appeal No. 579 of 2024 on 02.02.2024. Learned advocate submits that the present 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 order of the sentence may be suspended and the applicant may be released on regular bail on appropriate terms and condition.

4. Learned APP Ms.C.M.Shah for the respondent - 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 Additional Sessions Judge, and hence, the present application may be rejected and the applicant may not be released on bail.

5. The Apex Court in the case of Atul @ Ashutosh (Supra), has observed as under:

“Heard learned counsel for the parties.

Leave granted.

Out of fixed term sentence of five years, the appellant- accused has already undergone half of the sentence. The appeal against conviction of the year 2022 is not likely to reach before he completes the entire sentence. Hence, a case is made out for grant of suspension of sentence pending the appeal and grant of bail. For that purpose, the appellant shall be produced before the Trial Court within a period of one week from today.

The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the final disposal of the appeal before the High Court.

Before parting with order, we must note here that notwithstanding several decisions of this Court holding that when there is a fixed term sentence and especially when the appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted. We find that in several deserving cases, bail is being denied. Such cases should never be req