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2019 DIGILAW 242 (RAJ)

Pappu Khan v. State, Through PP

2019-01-19

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Heard. 2. Admit. Issue notice. 3. Mr. O.P. Rathi, learned Public Prosecutor accepts notice on behalf of the respondent-State. 4. Heard learned counsel for the petitioners and learned public prosecutor on Application for Suspension of Sentence No. 8/2019. 5. Taking into account the facts and circumstances of the case as also the fact that petitioners were on bail during the trial, this Court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused-petitioners. 6. Accordingly, the application under Section 397 Cr.P.C. for suspension of sentence is allowed and it is ordered that the substantive sentence passed by the learned Additional Chief Judicial Magistrate, Abuparvat-camp-Aburoad, District Sirohi vide Judgment dated 07.09.2017 in Regular Criminal Case No. 387/2003 (CIS No. 1274/14) for the offence under Section 5 read with Section 8 of Rajasthan Bovine Animal Act, 1995 and Section 11 of the Prevention of Cruelty to Animals Act, which was affirmed by the learned Additional Sessions Judge, No. 2, Aburoad, District Sirohi vide judgment dated 02.01.2019 in Criminal Appeal No. 37/2018 (20/2017)(CIS No. 34/2017) against the accused- petitioners (1) Pappu Khan S/o Khaju Khan and (2) Safi Khan S/o Abdul Khan shall remain suspended till the final disposal of aforesaid revision provided each of them executes a personal bond in the sum of Rs. 1,00,000/- along with two sureties in the sum of Rs. 50,000/- each to the satisfaction of the learned trial Judge for their appearance before this court on 19.02.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the petitioners changes the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their addresss, they will give in writing their changed address to the trial Court. 7. The learned trial Court shall keep the record of attendance of the accused-petitioners in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- petitioners were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. 7. The learned trial Court shall keep the record of attendance of the accused-petitioners in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- petitioners were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused petitioners does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.