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

NO. 1 of 2025 In R/CRIMINAL APPEAL NO. 185 of 2026 ==========================================================

NILESHBHAI JAGDISHBHAI PARMAR Versus STATE OF GUJARAT & ANR.

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Appearance:

MR NIKHILESH J SHAH(3007) for the PETITIONER(s) No. 1 NOTICE SERVED for the RESPONDENT(s) No. 2 MR RONAK RAVAL APP for the RESPONDENT No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 03/03/2026

IA ORDER

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

1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

2. By way of this application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, applicant, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 363, 366 of the Indian Penal Code and Section 6 of Protection of Children From Sexual Offences Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated

30.07.2025 and order of sentence passed in Special POCSO Case No.10 of 2024, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that the minor victim and applicant accused, because of their relations, stayed together from 15.03.2023 to 05.08.2024, as husband and wife, as a result, the victim got pregnant and delivered a baby girl. The father was not happy with the relations and had lodged an FIR on 18.03.2023. The police after 1 year and 6 months, arrested the accused and on the basis of chargesheet, the trial Court had proceeded to record the evidence and at the end, the accused was found guilty by the Court.

5. Learned advocate Mr. N. J. Shah, appearing on behalf of the applicant while praying for suspension of sentence contended that, the parties belonged to lower strata of the society and due to their relations, they stayed together for about 1 year and 6 months, as husband and wife and in that view of the matter, considering the period of incarceration and non- possibility of early hearing of the appeal, the prayer may be considered.

6. On the other hand, Mr. Ronak Raval, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the victim was minor and in eye of law, her consent is no consent and therefore, trial Court has not committed any error while convicting the applicant accused.

7. Though served, no body appears on behalf of respondent no. 2.

8. Issue arises as to whether the applicant has made out a case for suspension of sentence?

9. We have carefully examined the case records and considered the submissions made at the bar. We found substance in the submission advance by learned counsel Mr. N. J. Shah. The accused was found after 1 year and 6 months and till then, he was happy with the victim, as both stayed happily as husband and wife. In such circumstances, having regard to the nature of relations and period of incarceration, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of suspension of sentence and grant of bail.

10. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 30.07.2025 by the learned Special (POCSO) Judge and Additional Sessions Judge, Petlad in Special (POCSO) Case No. 10 of 2024 is suspended during the pendency of the Criminal Appeal and the applicant shall be released on bail on his furnishing a per