ORAL ORDER

ORDER IN CRIMINAL APPEAL:-

Admit. Learned APP waives service of admission for and on behalf of the respondent State.

ORDER IN CRIMINAL MISC. APPLICATION:-

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 415 of the Bharatiya Nagarik Surakhsha Sanhita, 2023, the applicants - accused are seeking suspension of sentence and release on regular bail during pendency of the present appeal against the judgment and order passed in Sessions Case No.100/2024 by the learned Sessions Judge, Amreli on 18.04.2026, whereby, the present applicants - accused were sentenced to rigorous imprisonment of 03 years and fine of Rs.3,000/- each, and in default, simple imprisonment of 06 months for the offence under Section 108 of the Bharatiya Nyaya Sanhita and rigorous imprisonment of 02 years and fine of Rs.2,000/- each, and in default, simple imprisonment of 04 months under Sections 84 read with Section 86(A) read with 54 of the Bharatiya Nyaya Sanhita. The learned Trial Court was pleased to order that both the sentences shall run concurrently.

3. Heard learned advocate Mr. Mrudul Barot for the applicants and learned APP Ms. C.M. Shah for the respondent State.

4. Learned Advocate Mr. Mrudul Barot for the applicants submits that the applicants have been sentenced to a fixed period of 03 years and by a judgment and order dated 18.04.2026 and pursuant to the judgment and order of conviction, the applicants had filed an application at Exh.67 for suspension of sentence under Section 430 of the B.N.S.S. The learned Trial Court was pleased to allow the application and suspend the execution of the sentence and release the applicants on bail. The applicants have filed the appeal within the period of limitation and the applicants have been protected till today. Learned advocate submits that the applicants have been sentenced for a fixed period and have a good case on merits. Moreover, 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. Hence, the application may be allowed and the applicants be enlarged on bail pending hearing and final disposal of the captioned Criminal Appeal.

5. Learned APP Ms. C.M. Shah for the respondent – State has strongly objected to the submissions made by the learned advocate for the applicants and has submitted that the learned Trial Court has rightly convicted the present applicants as they have been involved in a very serious offence, however, necessary orders may be passed in the interest of justice.

6. On perusal of the impugned judgment and order passed by the learned Trial Court below Exh.67, it appears that the execution of order of sentence of the applicants has been suspended and the order has been continued till today. Moreover, on perusal of the impugned judgment and order, it appears that the arguments of the learned advocate for the applicants deserves consideration.

7. At this juncture, it would also be fit to refer to the judgment of the Apex Court in the case Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421, wherein, it has been held that when the appellant has been sentenced for a fixed period and when the appellate Court finds that due to practical reasons such appeal cannot be disposed of expeditiously the appellate Court must bestow special concern in the matters of suspending the sentence. And without entering into the merits of the case, this court is of the opinion that the application requires consideration and accordingly, is allowed. Accordingly, present application is allowed. The order of execution of sentence passed in Sessions Case No.100/2024 by the learned Sessions Judge, Amreli on 18.04.2026, is suspended during pendency of the Criminal Appeal