Suspension of sentence and grant of bail may be granted to a convict when there is a significant period of incarceration and the appeal is delayed due to judicial backlog.

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, through jail, applicant seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302, 323, 324, 504, 506(2) of the Indian Penal Code and Section 135 of GP Act .

3. The present appeal and the application for suspension of sentence arise from the judgment dated 26.12.2019 and order of sentence passed in Sessions Case No. 71 of 2014, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that the accused applicant herein, killed deceased Sanjabhai on 15.04.2014 at village: Bhambhudi by stabbing him multiple times with the knife. The motive behind the murder was relation of the applicant with the niece of the deceased. In such circumstances, on the basis of FIR and chargesheet, the trail Court after appreciation of the evidence, held guilty the accused for the offences referred above.

5. The applicant herein requested this Court to consider his prayer for suspension of sentence and grant of bail, as he has completed more than 11 years of his jail term and till date, his appeal has not listed on board.

6. Ms. Krina Calla, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the offence proved is serious one and in absence of any exceptional circumstances, the applicant may not be entertained.

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

8. We have carefully examined the case records and considered the submissions, admittedly, the incarceration period is 12 years. The appeal is filed in the year 2020. In view of the backlog of old appeals, the appeal filed by the convict may not likely to be heard in near future. In such circumstances, having regard to the peculiar facts and circumstances of the present case, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of suspension of sentence and grant of bail.

9. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 26.12.2019 by the learned 3^rd Additional Sessions Judge, Sabarkantha at Idar in Sessions Case No. 71 of 2014 is suspended during the pendency of the Criminal Appeal and the applicant shall be released on bail on his furnishing a personal bond of Rs.10,000/- subject to condition that he will not leave India without prior permission of this Court and shall appear before this court as and when appeal is taken for final hearing and shall not change his address and in case of change in address, shall inform to the concerned police station as well as to this Court. Registry is directed to inform the jail authority accordingly.