Suspension of sentence for a convict serving a fixed term should be granted liberally by the appellate court if the appeal is unlikely to be heard expeditiously, ensuring the statutory right to appeal remains meaningful and effective.

IA ORDER

Leave to amend. The same shall be carried out forthwith.

1. RULE. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent -State.

2. By way of filing the present application under the provisions of Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant–convict seeks suspension of sentence imposed upon him vide judgment and order of conviction and sentence dated 01.05.2026 passed by the learned 3rd Additional Sessions Judge, Kheda at Nadiad, in Sessions Case No.114 of 2023.

3. It prima facie appears that the present applicant-convict has been tried for the offences punishable under Sections 5(1), 5(1-a), 6(a) and 8(4) of the Gujarat Animal Preservation Act, 1954, and under Section 11(1)(a)(d)(e)(h) of the Animal Cruelty Act , however, convicted him for the aforesaid offences and consequently, the applicant-convict has been ordered to undergo sentence as under : -

4. At the outset, learned advocate Mr. Ashish Dagli appearing for the present applicant-convict has submitted that the trial court has convicted the present applicant-accused for the offences punishable under Sections 5(1), 5(1-a), 6(a) and 8(4) of the Gujarat Animal Preservation Act, 1954, and under Section 11(1)(a)(d)(e)(h) of the Animal Cruelty Act , and sentenced him for a fixed term of rigorous imprisonment for seven years. Learned advocate Mr. Dagli has submitted that the present applicant was on bail during the trial.

5. Learned advocate Mr.Ashish Dagli, while placing reliance on the judgment of the Supreme Court in the case of Bhagwan Rama Shinde Gosai Vs. State of Gujarat , reported in 1999 (4) SCC 421, has urged that since the trial court has convicted and sentenced the applicant-accused for a fixed term of rigorous imprisonment for seven years and since the appeal preferred by the applicant-convict came to be admitted by this Court today itself, there are very remote chances of the hearing of the appeal in the near future, the present application may be allowed and the applicant-convict may be released on bail by suspending his sentence, during the pendency and hearing of the Criminal Appeal.

6. Vehemently opposing the present application filed by the applicant-accused, learned APP Mr. Manan Maheta has submitted that the application is not required to be entertained since the applicant-accused has been convicted for a serious offence under Sections 5(1), 5(1-a), 6(a) and 8(4) of the Gujarat Animal Preservation Act, 1954, and under Section 11(1)(a)(d)(e)(h) of the Animal Cruelty Act . He has submitted that the trial court, after precisely appreciating the evidence; both, ocular as well as documentary, has convicted the present applicant-accused for the said offence. Thus, learned APP Mr. Maheta has urged that the present application may not be entertained and the same may be rejected.

7. Heard learned advocates appearing for the respective parties and also perused the evidence as pointed out by them. It appears from the record that the present incident had occurred in the year 2023 and the trial Court, after appreciating the evidence; both, ocular as well as documentary, has convicted the applicant-accused for the offences punishable unde