Anwar Khan vs State Of Rajasthan
2023 Latest Caselaw 2098 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence No.50/2023

S.B. Criminal Revision Petition No. 229/2023

Anwar Khan S/o Rasul Khan, Aged About 43 Years, B/c Mirasi Musalman, R/o Gajanand Colony Suthla, Police Station Pratapnagar, Jodhpur Mahanagar. (Presently Lodged At Jail Sirohi)

----Petitioner Versus State Of Rajasthan, through PP

----Respondent

For Petitioner(s) : Mrs. Jarina, Present in Person For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/03/2023

Lawyers are abstaining from appearing before the Court.

The instant application for suspension of sentence has been

moved on behalf of the petitioner-applicant in the matter of

judgment dated 28.09.2016 passed in Criminal Case No.267/1998

by learned Additional Chief Judicial Magistrate, Shivganj whereby

the accused petitioner has been convicted and sentenced to suffer

maximum punishment of one year rigorous imprisonment along

with fine of Rs.3000/- under Section 5/8(2) of the Rajasthan

Bovine Animal (Prohibition of Slaughter and Regulation of

Temporary Migration or Export) Act and lesser punishment of fine

of Rs.50/- under Section 11(d) of the Prevention of Cruelty to

Animals Act.

(2 of 3) [SOSR-50/2023]

It is contended on behalf of the representative of the

petitioner that the learned trial Judge has not appreciated the

correct, legal and factual aspects of the matter and thus, reached

at an erroneous conclusion of guilt, therefore, the same is

required to be appreciated again by this court being the first

appellate Court. Therefore, the application for suspension of

sentence may kindly be granted and the sentence awarded may

be suspended.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the representative of the

accused-applicant for releasing the petitioner on application for

suspension of sentence.

Upon consideration of the grounds raised in the memo of the

revision petition as well as observing that there is no positive and

concrete evidence to establish the fact that the petitioner was

carrying the bovine and taking the same from inner area of the

State of Rajasthan to another State for the purpose of

slaughtering, therefore, considering the overall submissions and

looking to the totality of the facts and circumstances of the case

while refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may put an

adverse effect on hearing of the revision, this Court is of the

opinion that it is a fit case for suspending the sentence awarded to

the accused-petitioner.

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 learned Additional Chief Judicial Magistrate,

Shivganj vide judgment dated 28.09.2016 in Criminal Case

(3 of 3) [SOSR-50/2023]

No.267/1998 against the petitioner-applicant-Anwar Khan S/o

Rasul Khan shall remain suspended till final disposal of the

aforesaid revision petition and he/she/they shall be released on

bail provided he/she/each of them execute(s) a personal bond in

the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to

the satisfaction of the learned trial Judge for his/her/their

appearance in this court on 05.04.2023 and whenever ordered to

do so till the disposal of the revision on the conditions indicated

below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the revision petition is decided.

2. That if the applicant changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 114-Ashutosh/-

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