In cases of fixed-term sentences, appellate courts should liberally grant suspension of sentence and bail pending appeal, especially when there is no possibility of an expeditious hearing, to preserve the effectiveness of the right to appeal, provided no exceptional circumstances or statutory bars exist.

IA JUDGMENT

1. RULE. Learned APP Mr. Bhargav Pandya 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 applicants–convicts (i.e. the original accused) seek suspension of sentence imposed upon them vide judgment and order of conviction and sentence dated 28.02.2026 passed by the learned Additional District & Sessions Judge, Ahmedabad (Rural) at Dholka, in Sessions Case No.28 of 2021.

3. By the aforesaid judgment and order of conviction and sentence, the applicants-accused came to be held guilty and convicted for the offence punishable under Sections 307, 323, 324 & 34 of the Indian Penal Code, and consequently, the applicants-accused Nos.1 to 3 have been ordered to undergo sentence as under : -

The applicant-accused No.4 – Sarojben W/o Rasikbhai Bababhai Maheriya, has been ordered to undergo sentence as under : -

4. Learned APP appearing for the respondent - State has tendered the jail remarks dated 07.06.2026 submitted by the Deputy Superintendent, Ahmedabad Central Jail, Ahmedabad. The same is ordered to be taken on record. It appears from the jail remarks that the applicants-convicts have already undergone 03 months and 27 days of incarceration as on date out of the total sentence of five years and they were on bail during the trial. The appeal has been admitted by a Co-ordinate Bench of this Court on 28.04.2026.

5. At the outset, learned advocate appearing for the present applicants-convicts has submitted that the entire incident occurred on a trivial issue in the heat of a moment upon a sudden quarrel, without any premeditation. He has submitted that for the alleged incident, cross-cases have been filed. While taking this Court through the evidence of the prosecution, learned advocate has submitted that the evidence of the star witness suffers from material contradiction. Learned advocate has submitted that the trial Court has without appreciating the entire evidence in its entirety and in its true perspective, convicted the applicants-accused for the alleged offence and thought it fit to impose a fixed term sentence of rigorous imprisonment for five years along with the fine. He has, further submitted that the applicants were on bail during the trial. Therefore, he has urged that the applicants-convicts have atleast an arguable case for suspension of sentence.

6. Learned advocate for the applicants, while placing reliance upon 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 applicants-accused for a fixed term of rigorous imprisonment for five years along with the fine, and since there are very remote chances of the heari