The trial court had convicted and sentenced Makrani in July this year in a case of alleged cow slaughter lodged against him in January.
AHMEDABAD— The Gujarat High Court has suspended the 10-years jail term awarded to a Rajkot resident Salim Kadar Makrani by a trial court which had convicted him under the stringent Gujarat Animal Preservation Act.
The HC has also suspended the Rs one-lakh fine imposed on him by the trial court and ordered his immediate release on a personal bail bond of Rs.10,000/- and one surety of like amount. The trial court had convicted and sentenced Makrani in July this year in a case of alleged cow slaughter lodged against him in January.
As per a report in LiveLaw.in, the FIR in this case was lodged in January on the basis of a complaint by one Sattar Koliya who had accused Makrani of stealing his calf, slaughtering it and serving it at the wedding feast of the latter’s daughter. The case was lodged under the Gujarat Animal Preservation Act was made more stringent with some amendments in 2017. The trial began in April and on July 6, the trial court at Rajkot convicted and sentenced the accused for the offence of cow slaughter – it was perhaps first conviction under the law after it was made more stringent in 2017.
Makrani challenged the trial court judgement in the High Court.
In its interim order on September 18, the High Court said: “Having heard learned advocates for the respective parties, on overall consideration of material on record as well as the fact that the applicant is not alleged to have indulged into economical [economic] activity of animal slaughter and is only alleged to have used the beef while preparing biryani for celebrating the marriage ceremony of his own daughter, this Court is of the opinion to exercise the judicial discretion to suspend to the sentence and accordingly suspends the sentence imposed upon the applicant as per judgment and order dated 06.07.2019 passed in Sessions Case No. 13 of 2019 by learned 2nd Additional Sessions Judge, Rajkot at Dhoraji. The applicant shall be released from jail forthwith on condition that he shall execute personal bail bond of Rs.10,000/- and one surety of like amount to the satisfaction of the leaned trial court…”
The HC, however, also imposed some restrictions on Makrani.
He shall proceed with the Criminal Appeal as and when it may be listed. He shall surrender his passport, if having, before the learned trial court and shall not leave India without prior permission of this court.