[2025:RJ-JP:51682] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.575/2025 In S.B. Criminal Revision Petition No. 2260/2025 Shabba Son Of Devlal, R/o Village Nayagaon, Police Station Kanwas, District Kota Rajasthan. (At Present Confined In Sub Jail, Ramganj Mandi) ----Accused-Petitioner Versus State of Rajasthan Through P.P. ----Respondent For Petitioner(s) : Mr. Sanjay Mehrishi For Respondent(s) : Mr. Rishiraj Singh Rathore, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 18/12/2025 1. Instant application for suspension of sentence under Section 438 read with Section 442 of B.N.S.S. has been preferred on behalf of the accused-petitioner against the judgment dated 12.11.2025 passed by Additional Sessions Judge, Ramganjmandi, District Kota, whereby appeal against judgment and order dated 28.04.2017 passed by the Judicial Magistrate, Kanwas, District Kota, whereby the petitioner was convicted and sentenced for offences punishable under Sections 9 and 48 read with Section 51 of the Wildlife Protection Act, has been dismissed. 2. Learned counsel for the petitioner submits that vide judgment 28.04.2017 passed by the Judicial Magistrate, Kanwas, District Kota, the petitioner was convicted for committing offence [2025:RJ-JP:51682] (2 of 3) [CRLR-2260/2025] under Sections 9 and 48 read with Section 51 of the Wildlife Protection Act, and on such conviction, sentence of imprisonment of three years along with fine was imposed upon the petitioner. 3. The aforesaid judgment was unsuccessfully challenged by the petitioner before the Additional Sessions Judge, Ramganj Mandi, District Kota and the appeal filed by the petitioner was dismissed on 12.11.2025. 4. Learned counsel for the petitioner submits that both the Courts below have committed serious error of law and jurisdiction in not appreciating the evidence on record. It is submitted that there was no eye witness to prove that the deer was killed by the petitioner. 5. Even the statements of PW-4 have not been rightly appreciated by the trial Court as well as by the Appellate Court. He further submits that other co-accused have been acquitted by the Courts below, whereas, case of the petitioner was also similar to that of other co-accused. 6. Learned Public Prosecutor opposed the suspension of sentence application. 7. Having considered the submissions made by learned counsel for the petitioner and learned Public Prosecutor. 8. In the light of submissions made by the learned counsel for the petitioner, where a reasonable doubt has been created on account of misappropriation of statements of PW-4 as well as the fact that the petitioner is behind the Bars since for more than one month from the date of passing of order of the Appellate Court, without expressing any opinion on merits of this case, this Court deems it just and proper to suspend the sentence of the petitioner. [2025:RJ-JP:51682] (3 of 3) [CRLR-2260/2025] 9. In view of above, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to the accused-petitioner, namely; Shabba Son Of Devlal by the learned trial Court and confirmed by the learned Appellate Court shall remain suspended during pendency of the revision petition on furnishing personal bond of Rs.1,00,000 as well as two sureties each of the like amount subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 30.01.2026 and thereafter, as and when he is called upon to do so. (ANAND SHARMA),J SOURAV /36