Santosh Kumar @ Shyama vs State Of Rajasthan-State
2022 Latest Caselaw 8131 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc. Suspension of Sentence Application No.503/2022

In

S.B. Criminal Appeal No. 799/2022

1. Santosh Kumar @ Shyama S/o Shankar Lal Jayaswal, Aged About 42 Years, R/o 13 Malgodam Road Mandsore Ps Mandsore Dist. Mandsore M.p. (Sentenced Already Suspended)

2. Umar S/o Allahnoor @ Nura Matariya Musalman, Aged About 53 Years, R/o Neem Chck Multanpua Ps Yashovardhan Nagar Dist. Mandsore M.p. (Sentenced Already Suspended)

----Appellants Versus State Of Rajasthan-State, Through Pp

----Respondent

For Appellant(s) : Mr. Jitendra Ojha For Respondent(s) : Ms. Anita Gehlot, PP.

HON'BLE MR. JUSTICE MADAN GOPAL VYAS(VACATION JUDGE)

Order

09/06/2022

Heard learned counsel for the applicants-appellants, learned

Public Prosecutor and perused the impugned judgment & record.

By the impugned judgment dated 07.05.2022, learned

Additional Session Judge, Dungarpur (Raj.) (for short, 'learned

trial Court') convicted and sentenced applicants for two years'

rigorous imprisonment with fine of Rs.2,000/- for offences under

Sections 6/8 & 9 of Rajasthan Bovine Animal Act and in default of

(2 of 3) [CRLAS-799/2022]

payment of fine to further undergo sentence for one month's

simple imprisonment.

It is stated at Bar by learned counsel for the applicants that

the applicants have falsely been implicated in this case. Learned

counsel for the appellants submits that the learned trial court has

already suspended the sentence of the accused-appellants. It is

also submitted that the contraband recovered from the appellants

were below commercial quantity. Lastly, learned counsel has

submitted that looking to short sentence awarded by the learned

trial Court, same deserves to be suspended during pendency of

appeal as the hearing of the appeal would take time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Admit.

Call for the record.

Having regard to the facts and circumstances of the case, I

feel persuaded to accept this application for suspension of

sentence.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by Additional Sessions Judge, Dungarpur (Raj.),

vide judgment dated 07.05.2022, in Sessions Case No.54/11

against applicants-appellants (1) Santosh Kumar @ Shyama S/o

Shankar Lal Jayaswal and (2) Umar S/o Allahnoor @ Nura

Matariya Musalman, shall remain suspended till final disposal of

the aforesaid appeal provided they furnish personal bond in the

sum of Rs.50,000/- each with two sureties of like amount to the

satisfaction of learned trial Judge for appearance in this Court on

(3 of 3) [CRLAS-799/2022]

11.07.2022 and whenever ordered to do so till disposal of the

appeal.

(MADAN GOPAL VYAS(VACATION JUDGE)),J C-1-S. Dhingra/-

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