Vikash Jat Son Of Shri Rohitash Jat vs State Of Rajasthan
2021 Latest Caselaw 7604 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     D.B. Criminal Misc. Suspension of Sentence Application
                             No.1207/2021
                                      IN

                D.B. Criminal Appeal No. 194/2021
Vikash Jat Son Of Shri Rohitash Jat, Aged About 26 Years,
Resident Of Dhani Ramdaswali, Tan Tulsipura Police Station
Pragpura, District Jaipur (Raj) (At Present Confined In Central,
Jail, Jaipur)
                                                                  ----Appellant
                                    Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Appellant(s) : Mr. Anil Kumar Upman Mr. Fatehchand Saini For Complainant(s) : Mr. Surkesh Lakhwani For State : Mr. Javed Choudhary, Addl. Govt. Adv.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Judgment / Order

14/12/2021

1. Accused-appellant has preferred this application for

suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is contended by counsel for the appellant that appellant

was in love with the victim and they have entered into a

registered marriage on 05.08.2020. Victim is carrying a fetus of

seven months. It is also contended that appellant was granted bail

on 26.07.2019.

4. Counsel for the appellant has placed reliance on "Saju P R

Vs. The State of Kerala" Criminal Appeal No.1740/2019

(2 of 2) [SOSA-1207/2021]

decided by the Apex Court on 22.11.2019, whereby the

proceedings under Section 376 IPC were quashed by the Court.

5. Victim alongwith her counsel is present in the Court, who has

not disputed the fact of her having entered into a registered

marriage with the appellant and that she is carrying a fetus of

seven months.

6. Learned Additional Government Advocate has opposed the

application for suspension of sentence.

7. we have considered the contentions.

8. Taking note of the fact that appellant was on bail since

26.07.2019 till he was convicted on 15.11.2021 and also taking

note of the fact that appellant has entered into a registered

marriage with the victim and victim is carrying a fetus of seven

months, they were having love affair, hence, we deem it proper to

allow the application for suspension of sentence.

9. Accordingly, the application for suspension of sentence is

allowed. It is ordered that the sentence awarded to accused-

applicant in Sessions Case No.12/2019 shall remain suspended if

the appellant furnishes a personal bond of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial Court to the effect that he shall appear before

this Court as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J (PANKAJ BHANDARI),J ARTI SHARMA /19

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