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

3 of 2024 In R/CRIMINAL APPEAL NO. 2051 of 2023 ==========================================================

MALRAJ @ DEPO S/O. LAKHAN HADABHAI HAJANI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR PRATIK Y JASANI(5325) for the PETITIONER(s) No. 1 NOTICE SERVED BY DS for the RESPONDENT(s) No. 2 MS. C.M SHAH, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 11/03/2026

IA ORDER

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 430 of the Bharatiya Nagarik Surakhsha Sanhita, 2023, the applicant - accused is seeking suspension of sentence and release on regular bail through jail during pendency of the present appeal against the judgment and order of conviction dated 24.08.2022 passed in Special POCSO Case No. 9/2022 [(Old) Special POCSO Case No. 5/2019] by the learned Special Judge & Additional Sessions Judge, Dev Bhoomi Dwarka at Dwarka, whereby, the present applicant - accused was sentenced to rigorous imprisonment of three years and fine of Rs. 5,000/- and in default, simple imprisonment of three months for the offence punishable under Section 363 of Indian Penal Code, rigorous imprisonment of five years and fine of Rs. 5,000/- and in default, simple imprisonment of three months for the offence punishable under Section 366 of Indian Penal Code and rigorous imprisonment of ten years and fine of Rs. 10,000/- and in default, simple imprisonment of six months for the offence punishable under Section 376 of Indian Penal Code. All the sentences were ordered to run concurrently.

3. Heard learned advocate Ms. Pratik Jasani for the applicant and learned APP Ms. C.M. Shah for the respondent State.

4. Learned advocate Ms. Pratik Jasani appearing for the applicant submits that the matter was taken up for hearing by this Court on 25.06.2024. At that stage, the application came to be withdrawn and this Court directed the Registry to fix the appeal for final hearing on 22.07.2024. However, the appeal has not been taken up for final hearing till date. It is further submitted that in the interregnum, the applicant has already undergone more than half of the sentence awarded to him and has completed a substantial period of incarceration of 6 years, 9 months and 11 days. and hence, 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 suspension may be allowed and the applicant be enlarged on bail pending the hearing and final disposal of the captioned Criminal Appeal.

5. Learned APP for the respondent – State has strongly objected to the submissions made by the learned advocate for the applicant and has submitted the jail remarks which shows that the applicant has undergone 6 years, 9 months and 11 days in jail and that learned Trial Court has rightly convicted the present applicant as he has been involved in a very serious offence and has requested this Court to dismiss the present application.

6. Perused the impugned judgement and order of conviction and paper book produced on record by learned advocate for the applicant. At this juncture, it would be fit to reproduce the observations of the Apex Court in the case of Atul @ Ashutosh (