Rajasthan High Court - Jodhpur
Shahzad Shah vs State Of Rajasthan on 24 May, 2023
Bench: Farjand Ali
[2023/RJJD/017143]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No.540/2023
IN
S.B. Criminal Appeal No. 783/2023
Shahzad Shah S/o Shri Salamat Shah, Aged About 38 Years, R/o
Subhash Nagar, Alkapuri Police Station, Ratlam, District Ratlam
(Madhya Pradesh)
----Appellant
Versus
State of Rajasthan, through PP
----Respondent
For Appellant(s) : Mr. S.S. Shaktawat
For Respondent(s) : Mr. Gaurav Singh, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/05/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant-appellant in the matter of
judgment dated 02.05.2023 passed by learned Additional Session
Judge, District Dungarpur in Sessions Case No.29/2016 whereby
he was convicted and sentenced to suffer maximum punishment
of 1 year rigorous imprisonment along with fine of Rs.1,000/- in
default 15 days simple imprisonment under Section 6/8 & 9 of
Rajasthan Bovine Animal (Prohibition of Slaughter & Regulation of
Temporary Migration or Export) Act, 1995.
2. Learned counsel further contended 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,
[2023/RJJD/017143] (2 of 3)
therefore, the same is required to be appreciated again by this
court being the first appellate Court. Learned counsel for the
applicant-appellant also submits that hearing of the appeal is likely
to take long time, therefore, the application for suspension of
sentence may be granted.
3. Per contra, learned A.G.A. has vehemently opposed the
prayer made on behalf of the learned counsel for the applicant for
releasing the applicant-appellant on application for suspension of
sentence.
4. Heard and perused the material available on record.
5. Upon consideration of the grounds raised in the memo of the
appeal, looking to the totality of facts and circumstances of the
case, more particularly the fact that 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 present application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed learned Additional Session
Judge, District Dungarpur vide judgment dated 02.05.2023 in
Sessions Case No.29/2016 against the appellant-applicant
Shahzad Shah S/o Shri Salamat Shah remain suspended till
final disposal of the aforesaid appeal and he/she/they shall be
released on bail, provided he/she/each execute a personal bond in
the sum of Rs.50,000/-with two sureties of Rs.25,000/- to the
[2023/RJJD/017143] (3 of 3)
satisfaction of the learned trial court for his/her/their appearance
in this Court on 26.06.2023 and whenever ordered to do so till
the disposal of the appeal 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
appeal is decided.
2. That if the applicant(s) change(s) the place of
residence, he/she/they will give in writing his
changed address(es) to the trial Court as well as to
the counsel in the High Court.
3. Similarly, if the sureties change their
address(es), they will give in writing their changed
address to the trial Court.
(FARJAND ALI),J
307-AnilKC/-
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