Appellate courts should liberally grant suspension of sentence for fixed-term convictions when the appeal is unlikely to be heard soon, ensuring the statutory right of appeal remains effective, especially if there are arguable points regarding the evidence.

0.7393572674613004

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 applicant–convict (i.e. original accused) seeks suspension of sentence imposed upon him vide judgment and order of conviction and sentence dated 24.10.2024 passed by the learned Sessions Judge, Banaskantha at Palanpur, in Sessions Case No.20 of 2023.

3. By the aforesaid judgment and order of conviction and sentence, the applicant-accused came to be held guilty and convicted for the commission of offence punishable under Section 379A(3) of the Indian Penal Code. Consequently, the applicant-convict has been ordered to undergo sentence as under : -

4. It appears from the jail remarks that the applicant-convict has already undergone 01 year, 07 months and 05 days of incarceration, as on 19.08.2026, out of the total sentence of 05 years. The appeal preferred by the applicant came to be admitted by this Court vide order dated 02.12.2024.

5. At the outset, learned advocate Mr. Himanshu M. Padhya appearing for the applicant, while taking this Court through the factual matrix of the case, has submitted that the applicant accused was charged and convicted for the commission of offence punishable under Section 379A(3) of the Indian Penal Code and consequently, the trial Court has imposed a fixed term of sentence of rigorous imprisonment for five years along with the fine. Learned advocate has submitted that the applicant- convict was on bail during the trial and he has already deposited the amount of fine imposed by the trial Court. Learned advocate has further submitted that the applicant-convict has already undergone 01 year, 07 months and 05 days of incarceration, as on 19.08.2026, out of the total sentence of 05 years.

6. Learned advocate Mr. Padhya appearing for the applicant has further submitted that the entire case of the prosecution rests upon the evidence of the complainant and the panchas of the recovery. It is submitted that both the recovery panchas have not supported the case of the prosecution and have turned hostile. It is further submitted that while convicting the applicant-accused for the above offence, the trial Court has heavily relied upon the evidence of the complainant, which has not been corroborated by the evidence of the panchas as well as other witnesses. He has, therefore, submitted that the applicant-convict has atleast an arguable case for suspension of sentence.

7. Learned advocate Mr. Padhya, 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-convict for a fixed term of rigorous imprisonment for 05 years along with the fine, and since there are very remote chances of the hearing of the appeal in the near future as the same has been admitted by this Court vide order dated 02.12.2024, 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 Crimina