In criminal revision proceedings, courts have the discretion to suspend the execution of a fixed-term sentence when there is a prima facie case and proceedings are unlikely to be heard in the foreseeable future, preventing unnecessary and prolonged incarceration while the legal challenge remains pending.

ORAL ORDER

1. Notice, returnable on 13.10.2026. Learned APP waives service of notice for the respondent-State.

2. By way of the present application, the applicant – accused has prayed to quash and set aside the judgment and order of conviction passed by the learned Additional District and Sessions Judge, Porbandar in Criminal Appeal No. 36 of 2019 dated 20.01.2026 confirming the judgment and order passed by the learned Chief Judicial Magistrate, Porbandar in Criminal Case No. 1917 of 2013 dated 30.09.2019 and in Para 8(c), has prayed to suspend the order of execution of sentence during pendency of the present Revision Application, whereby, the present applicant - accused was sentenced rigorous imprisonment for three years and fine of Rs.10,000/- for the offence under Sections 323, 354 and 452 of the IPC.

3. Heard learned advocate Mr. Kishan K. Nayi for the applicant and learned APP Ms.C.M. Shah for the respondent State.

4. Learned advocate Mr. Kishan K. Nayi for the applicant submits the sentence is for a fixed period of three years and the present appeal is not likely to be heard in near future and hearing of the same would take a long time and hence, no purpose would be served by keeping the applicant in jail for indefinite period with the hardened criminals. The applicant has a good case on merits and the prayer as prayed for in Para-8(c) may be allowed.

5. Learned APP Ms. C.M. Shah for the respondent State has objected to grant of the present application.

6. Considering the fact that the conviction is a fixed sentence and there is no likelihood of the revision application being heard in the near future and a prima facie case is made out in favour of the present applicant, the prayer qua Para-8(c) is allowed. The order of execution of sentence passed by the learned Additional District and Sessions Judge, Porbandar in Criminal Appeal No. 36 of 2019 dated 20.01.2026 confirming the judgment and order passed by the learned Chief Judicial Magistrate, Porbandar in Criminal Case No. 1917 of 2013 dated 30.09.2019 is suspended during pendency of the Criminal Revision Application and the applicant is ordered to be released on bail on furnishing personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with surety of the like amount to the satisfaction of the Trial Court and on the following conditions;

(i) shall not take undue advantage of liberty or misuse liberty;

(ii) shall furnish the present address of his residence to the Court concerned at the time of execution of the bond;

(iii) shall maintain law and order;

(iv) shall not indulge in any activity leading to breach of public peace and tranquility;

(v) the applicant shall be released if not required in any other case.

7. Direct service is permitted.

8. List the matter on 13.10.2026.