- (1.) Leave granted.
(2.) This appeal has been preferred by the State against the final judgment and order dated 12th November, 2013 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Miscellaneous Application No.718 of 2013 in S.B. Criminal Revision Petition No.905 of 2007. By the impugned judgment, the High Court allowed the prayer for suspension of order of conviction dated 10th April, 2006 passed by the Judicial Magistrate during the pendency of the revision petition on the ground that the order of conviction is coming in the way of respondent to travel abroad.
(3.) The factual matrix of the case is as follows:- Crime No. IR No.163 of 1998 u/s 147,148 and 149 of IPC and u/s 9,39,51 and 52 of the Wild Life (Protection Act), 1972 and Section 27 of the Arms Act was registered against the respondent, pursuant to which the respondent was arrested on 12th October, 1998. Thereafter, Criminal Case No.206 of 1999 was registered and Chief Judicial Magistrate, Jodhpur vide order dated 10th April, 2006 convicted the respondent u/s 51 of the Wild Life (Protection Act), 1972 and sentenced him to undergo simple imprisonment for five years alongwith a fine of Rs.25,000/- and in default to further undergo simple imprisonment for 3 months. Aggrieved by the aforesaid order of conviction and sentence, the respondent preferred an appeal being Criminal Appeal No.50 of 2006 before District and Sessions Judge, Jodhpur, which was dismissed vide order dated 24th August, 2007. Thereafter, the respondent preferred a Criminal Revision Petition No.905 of 2007 before the High Court of Rajasthan under Section 397 r/w Section 401 of the Cr.PC. The High Court by detailed and reasoned order dated 31st August, 2007 suspended the sentence of the respondent and granted bail to him under Section 391(1) of the Cr.P.C. with inter alia restrictions that the respondent will not leave the country without prior permission of the Court. Initially, the respondent sought permission of the Court on a number of occasions to travel abroad in relation to his professional engagement, which entailed shooting of films/commercials/shows as per the requirement of producer and director. Subsequently, after a period of almost 3.5 years, the respondent moved an application for modification of the order dated 31st August, 2007 to the extent that the respondent may be allowed to travel abroad without the permission of the Court. The High Court vide order dated 21st February, 2011 allowed the prayer. Meanwhile, the respondent applied for a United Kingdom Visa which was rejected by the U.K. Border Agency Home Office on the ground that the application does not satisfy the criteria set out for grant of entry clearance or leave to enter the U.K. specially referring to U.K. Immigration Rules laid down in Paragraph 320(2)(b) of HC 395 states that entry clearance to the U.K. is to be refused if an applicant has been convicted of an offence for which he has been sentenced to a period of imprisonment of at least 4 years. The respondent being aggrieved by the refusal of Visa by the U.K Authorities, applied for administrative review which was rejected on the ground on 20th August, 2013, which is reproduced hereunder: "Honorary legal Advisors have review all the information put forward in this case and their advice is that from the evidence produced, the Indian Courts have only suspended the execution of 5 years sentence. On the basis of this legal advice, it is out view that suspension of the execution of the sentence pending a final court hearing does not alter or affect the fact that you have been convicted of an offence and have been sentence to 5 years imprisonment under Indian Law. As only the execution of the sentence has been suspended out initial decision to refuse your application was correct and in line with our immigration Rules and Guidance on criminal conviction. I therefore uphold the decision to refuse entry clearance under paragraph 320 (2) (B) of HC395." On this background, the respondent filed Crl. Misc. Appln. No.718 of 2013 in SB Crl. Revision Pet. No. 905 of 2007 seeking suspension of order of conviction and the same was allowed by the impugned judgment.;