Rajasthan High Court
Arjun Kumar Yadav S/O Shri Suvalal vs State Of Rajasthan on 10 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No. 1444/2022
In
S.B. Criminal Appeal No. 2208/2022
Arjun Kumar Yadav S/o Shri Suvalal, Aged About 37 Years, R/o
Dhani Kalyawali, Anatpur, Near Divrala, Ajitgarh, District Sikar,
(Rajasthan). (Appellant Is Presently Lodged In Central Jail At
Jaipur).
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Appellant(s) : Mr. Vikram Yadav
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 07.10.2022 passed by
learned Additional Sesion Judge (Women Atrocity Cases) Jaipur
Metro-II, Jaipur whereby the accused appellant has been
convicted for the offence punishable under sections 376 read with
511 and 323 IPC and has been sentenced to maximum five years
rigorous imprisonment along with fine of Rs. 5,000/- in default of
payment of fine further one month rigorous imprisonment.
Learned counsel for the appellant submits that prior to the
case, the judgment of which is under assail, the same prosecutrix
(2 of 3) [SOSA-1444/2022]
launched a prosecution against the appellant for committing
offence of rape under Section 376 IPC in which after rigorous trial,
he has been acquitted from charges. It is submitted that the
allegations as levelled in this case that on 29.10.2012 when she
went to the Court premises for proceedings of previous case, she
was abused by the appellant and taken to the bathroom of mini-
secretariat and tried to seduce her seems to be highly flimsy and
inconvincing. The said incident was not reported by her in the
previous case or on that date to the concerned public servants. It
is submitted that the place where the alleged incident is said to
have taken place is densely rushed by the members of legal
fraternity and other public servants.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
The accused-appellant is behind the bars and the hearing of
appeal is likely to take further more time, therefore, considering
the overall submissions and looking to the totality of facts and
circumstances of the case while refraining from passing any
comments on the niceties of the matter and the defects of the
prosecution as the same may put an adverse effect on hearing of
the appeal, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sesion Judge (Women
Atrocity Cases) Jaipur Metro-II, vide judgment dated 07.10.2022
in Sessions Case No.248/2015 against the appellant-applicant
Arjun Kumar Yadav S/o Shri Suvalal shall remain suspended till
final disposal of the aforesaid appeal and he shall be released on
(3 of 3) [SOSA-1444/2022]
bail provided he executes a personal bond in the sum of
Rs.50,000/-with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
court on 13.02.2023 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their
address(s),they will give in writing their changed
address to the trial Court.
(FARJAND ALI),J
PREETI VALECHA /64
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