Sarvjeet Singh @ Sarva vs State Of Rajasthan
2023 Latest Caselaw 4498 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Suspension of Sentence Application No.462/2023

In

S.B. Criminal Appeal No. 574/2023

Sarvjeet Singh @ Sarva S/o Jora Singh, Aged About 40 Years, R/ o Vill. Jalal Tehsil Fool Dist. Bathinda Punjab (At Present Lodged In Dist. Jail Hanumangarh)

----Appellant Versus State Of Rajasthan, Through PP

----Respondent

For Appellant(s) : Mr. Manohar Singh For Respondent(s) : Mr. Abhishek Purohit, AGa

HON'BLE MR. JUSTICE FARJAND ALI

Order

11/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

03.05.2023 passed by the learned Upper Session Judge No.1,

Hanumangarh, District Hanumangarh in Sessions Case

No.16/2018 (C.I.S. No.79/2018) whereby he was convicted and

sentenced to suffer imprisonment of three years' rigorous

imprisonment along with a fine of Rs.5,000/- under Section 3/8(1)

of the Rajasthan Bovine Animal (Prohibition of Slaughter and

Regulation of Temporary Migration or Export) Act, 1995.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

(2 of 3)

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court. He

was on bail during trial and did not misuse the liberty so granted

to him; hearing of the appeal is likely to take long time, therefore,

the application for suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the appellant on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts that the accused-appellant

was on bail during the course of trial and the hearing of appeal is

likely to take further more time and considering the overall

submissions 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 appeal, this

court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused-appellant.

6. 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 Upper Session Judge No.1,

Hanumangarh, District Hanumangarh who passed the impugned

order dated 03.05.2023 in Sessions Case No. 16/2018 (C.I.S.

No.79/2018) against the appellant-applicant- Sarvjeet Singh @

(3 of 3)

Sarva S/o Jora Singh shall remain suspended till final disposal

of the aforesaid appeal and he shall be released on bail provided

he executes 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 appearance in this court on 12.06.2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

(1.) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

(2.) That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

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

(FARJAND ALI),J 230-divya/-

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