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2025 DAILYLAW 39235 (RAJ)

VAKEEL SON OF TAYYAB v. STATE OF RAJASTHAN

SOSA/1601/2025 · 2025-10-03

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:40109] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.1601/2025 In S.B. Criminal Appeal (Sb) No. 2189/2025 Vakeel Son Of Tayyab, Resident Of Sarheta Police Station Tijara District Alwar) Accused Appellant Is Confined In Central Jail Alwar) ----Appellant Versus State Of Rajasthan, Through PP ----Respondent For Appellant(s) : Mr. Aslam S. Khan, Adv. For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 03/10/2025 1. The appellant has been convicted by the learned Additional Session Judge, No.3 Alwar (Raj.) vide judgment dated 06.08.2025 in Sessions Case No.02/2018 for the offences under Sections 3/8, 5/8(2), 6/8, 9/8 of Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and sentenced for five years Rigorous Imprisonment, two years Rigorous Imprisonment, two years Rigorous Imprisonment and two years Rigorous Imprisonment respectively with default stipulation. 2. Being aggrieved the appellant has preferred this appeal. Pending disposal of the appeal, by way of present application [2025:RJ-JP:40109] (2 of 3) [CRLAS-2189/2025] under Section 430 of B.N.S.S., 2023 the appellant seeks suspension of sentence and release on bail. 3. Learned counsel appearing for the appellant has submitted that the trial court has not appreciated the evidence produced before it as per established principles of law. He further submitted that the appellant is not registered owner of the vehicle and he was not involved in the present matter. He again submitted that the appellant is in custody since three months and disposal of the appeal is not likely to be concluded in near future. Therefore, the application for suspension of sentence may be allowed. 4. The learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5. I have heard the contentions of the learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 6. Taking into consideration all the facts and circumstances of the case, the period of sentence awarded and the fact that disposal of the appeal is likely to take considerable time but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the appellant-Vakeel Son Of Tayyab. 7. It is, therefore, ordered that the sentence of the appellant shall remain suspended till disposal of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the trial Court to the effect that he shall [2025:RJ-JP:40109] (3 of 3) [CRLAS-2189/2025] appear before this Court on 03.11.2025 and as and when called upon to do so. 8. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Ashwani Kr Srivastava /-68