[2025:RJ-JP:26708] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1237/2025 in S.B. Criminal Appeal No. 1675/2025 Junaid S/o Abdul Hussain, Resident Of Sorkha Kala, Police Station Tatarpur, District Alwar. (Presently Accused Appellant Confined In J.c. In District Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Petitioner(s) : Ms. Shweta Soni Mr. Manish Gupta For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/07/2025 1. The instant application for suspension of sentence is preferred by appellant – Junaid S/o Abdul Hussain in pending appeal, filed aggrieved from order of conviction and sentence dated 09.06.2025 in Sessions Case No. 26/2024 (05/2014) passed by learned Additional District and Sessions Judge No.1, Alwar, whereby appellant was convicted for offence under Sections 3, 5, 6, 8(2) of Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995. This appellant-accused was sentenced for a maximum period of 5 years under Section 5/8 and 6/8 of Bovine Animal Act. [2025:RJ-JP:26708] (2 of 4) [SOSA-1237/2025] 2. Learned counsel for appellant submitted that appellant is an innocent person and he was falsely implicated by police. She further submitted that there is no criminal antecedents against the appellant and he was on bail during trial. She further referred cross-examination and discrepancies in the statement of witnesses and submitted that the recovery was not proved against the appellant. She also referred the facts of the case and submitted that police has filed a charge-sheet against him on the ground that he was driving a vehicle which was intercepted by police at the time of incident. She also referred the statement of other witnesses and submitted that neither the ownership nor the conscious possession was proved by the prosecution. At last, she submitted that the appeal will take its own time, so he be released on bail. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On basis of an information received by ASI Amar Singh of P.S. Malakheda, District Alwar. A Truck No. RJ-02-GA-7345 was intercepted which was driven by appellant-accused Junaid whrein 25 bovine animal (out of which 1 dead) were found with 48 quarter of liquor. The police has seized the vehicle as the driver was not holding valid permit of transportation of bovine animals allegedly from the State and also illegally possessing 48 quarter of liquor. After registration of FIR No. 534/2012, a charge-sheet has been filed against Junaid and Rafique. [2025:RJ-JP:26708] (3 of 4) [SOSA-1237/2025] 6. After framing the charge, the prosecution has examined 11 witnesses and exhibited 12 documents. The accused was convicted under Section 313 Cr.P.C. and they have not submitted any defence evidence. The Trial Court has acquitted Rafique from all charges but convicted the present appellant. This appellant was on bail during trial and disposal of appeal will take its own time. Besides present case, one more case is registered against the appellant-accused at P.S. Tavdu Distt. Rewari (Haryana). The disposal of appeal will take its own time, therefore, it is appropriate to allow application for suspension of sentence. 7. In view of discussion made hereinabove, the suspension of sentence applications are hereby allowed and it is ordered that sentence of applicant-accused Junaid S/o Abdul Hussain is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearances in this Court on 11.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant-accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 2. That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellant changes the place of residence, they will give in writing his changed [2025:RJ-JP:26708] (4 of 4) [SOSA-1237/2025] address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 8. In case, the applicant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 9. Misc. Application stands disposed of. 10. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J MONU /16