Rajasthan High Court - Jodhpur
Abdul Khalik vs State on 10 July, 2012
Author: Sandeep Mehta
Bench: Sandeep Mehta
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B. CRIMINAL SUSPENSION OF SENTENCE APPLICATION NO.153/2012 IN S.B.CRIMINAL REVISION NO.502/2012 (Abdul Khalik Vs State of Rajasthan) Date of order : 10.7.2012 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. Vipin Makkad, for the petitioner. Ms. Chandralekha, P.P. <><><> Heard learned counsel for the petitioner-applicant and the learned Public Prosecutor.
Learned counsel for the petitioner-applicant contends that in this case there is very minor variation in the solid nonfat contents of the sample of milk, which was taken from the petitioner. He submits that the fat contents are much in excess to the minimum prescribed standard of 3.5% for cow milk. He, therefore, submits that there are strong grounds for challenging the conviction of the petitioner and since the sentences awarded are short, the same deserves to be suspended.
I have considered the rival arguments advance by the parties and perused the judgments of the courts below. Looking to the facts and circumstances of the case and the short sentence awarded by the learned trial court, I consider it just and proper to suspend the sentences awarded to the accused petitioner-applicant.
Accordingly, the application for suspension of sentence filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentences passed by the learned CJM, Hanumangarh vide order dated 4.4.2006 in Cr.Case No.420/01 as affirmed by the learned Additional Sessions Judge (Fast Track) No.1, Haumangarh vide order dated 20.6.2012 in Cr. Appeal No.32/07 against the petitioner- applicant Abdul Khalik S/o Hanif Khan, shall remain suspended till final disposal of the aforesaid revision, provided he executes a personal bond in the sum of Rs.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 6.8.2012 and whenever ordered to do so, with the incorporation in the bond that as and when he shall shift his place of residence, he shall intimate to this Court and his lawyer about his new place of residence.
(SANDEEP MEHTA), J.
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