Amit Choudhary S/O Satveer Singh vs State Of Rajasthan
2021 Latest Caselaw 5659 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension Of Sentence Appl. No. 971/2021
                                       In
              S.B. Criminal Appeal No. 1574/2021

1.     Amit Choudhary S/o Satveer Singh, R/o Kotwali Road,
       Mathura U.P.
2.     Bhure Khan S/o Nathu Khan, R/o Mainpuri Resident Of
       Nagla Gani P.s. Khurawali U.P.
3.     Sanjay Choudhary S/o Satveer Singh, R/o Kotwali Road,
       Mathura U.P.
4.     Navi Musain S/o Hasan Khan, R/o Nagla Gani P.S.
       Khurawali, District Mainpuri U.P.
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Appellant(s) : Mr. Sanjay Gangwar For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

20/10/2021

1. Heard on application for suspension of sentence.

2. The application for suspension of sentence has been

filed by appellants against the judgment and order dated

21.09.2021 passed by Additional Session Judge No. 2, Kishangarh

in Sessions Case No. 22/2019 and CIS No. 512/2014 by which the

appellants have been convicted and sentenced as under:-

U/s 5/8 (2) Rajasthan Bovine Act, 1955 Six months RI with fine of Rs.1000/- in default to undergo additional SI of 15 days.

U/s 6/8 (2) Rajasthan Bovine Act, 1955 Six months RI with fine of Rs.1000/- in default to undergo additional SI of 15 days.

                                                                         (2 of 2)                   [CRLAS-1574/2021]


                                   U/s 11D Prevention of Cruelty to Animal Act, 1960    fine of
                                                                         Rs.50/- in default to
                                                                        undergo additional SI of
                                                                        three days

3. It has been submitted by learned counsel for the

appellants that certificate under Rule 311 (3) of the Rajasthan

High Court Rules, 1952 has been placed on record according to

which during the trial appellants were on bail and their sentence

has been suspended by concerned trial court for one month.

4. Learned Public Prosecutor has opposed the application

for suspension of sentence.

5. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record and overall

facts and circumstances of the case but without commenting upon

merits of the case, this Court deems just and proper to allow the

application for suspension of sentence.

6. Accordingly, the application for suspension of sentence

is allowed and it is ordered that the sentence awarded to accused-

appellants 1. Amit Choudhary S/o Satveer Singh, 2. Bhure Khan

S/o Nathu Khan, 3. Sanjay Choudhary S/o Satveer Singh and 4.

Navi Musain S/o Hasan Khan, shall remain suspended till disposal

of this criminal appeal and they shall be released on bail provided

each of the appellants furnishes a personal bond of Rs. 50,000/-

(Fifty Thousand) and two sureties of Rs.25,000/- (twenty five

Thousand) each to the satisfaction of the learned trial court for

their appearance in this Court on 20.11.2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /61

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