[2025:RJ-JP:27403] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 1410/2025 in S.B. Criminal Appeal No. 1605/2025 Smt. Parveen @ Rubi W/o Shri Mohammad Haneef, Aged About 42 Years, R/o Village Bishanganj Shabajpur Police Station Tokri, District Gaya, Bihar Presently Tenant House Of Ikram Bhai Valmiki Mohalla, Police Station Bhatta Basti Jaipur (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Mohammad Aslam For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 22/07/2025 1. The instant application for suspension of sentence is preferred by appellant - Smt. Parveen @ Rubi W/o Shri Mohammad Haneef, in pending appeal filed aggrieved from order of conviction and sentence dated 02.06.2025 in Sessions Case No. 37/2023 passed by learned Special Judge, POCSO Act cases no.3, Jaipur Metropolitan-II whereby appellant was convicted for offence under Sections 363/120B, 366-A/120-B of IPC and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant accused was not named in FIR [2025:RJ-JP:27403] (2 of 4) [SOSA-1410/2025] and no specific role is assigned against him for participation in charge-sheet filed by police. He further submitted that the maximum allegation against the appellant is under Section 363 IPC and the trial court has committed serious error while convicting the appellant accused under Sections 366-A IPC particularly when no other evidence is available to show involvement of present appellant accused. Learned counsel has further submitted that after investigation of crime under Section 363 IPC the appellant accused was released on bail by concerned SHO. He also submitted that initially victim has refused for medical and there is no injury in the medical. He further submitted that the prosecution has failed to prove age of victim and there is no medical report to show use of force against victim. At last, he submitted that the disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and no one is appearing on behalf of respondent complainant. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report dated 14.02.2023 lodged by father of complainant PW-3 about elopement of his daughter on 13.02.2023 FIR no. 78/2023 under Section 363 IPC was registered at P.S. Shashtri Nagar, Jaipur. After framing charge, prosecution has examined 15 witnesses and exhibited 22 documents. The accused was examined under Section 313 Cr.P.C. but he has not submitted any defence evidence and exhibited five documents. Ultimately, this appellant was also convicted and sentenced. This appellant [2025:RJ-JP:27403] (3 of 4) [SOSA-1410/2025] accused was convicted under Sections 363, 363/120B, 366-A IPC and 366-A/120B of IPC. 6. This appellant accused was released on bail in pursuant to order dated 06.09.2023 in bail application no. 9175/2023 passed by a Co-ordinate Bench of this Court and disposal of appeal will take its own time. 7. We have considered statement of victim referred as PW-1 before the trial court. Also considered statement of PW-5 Dr. Anita Khurana and PW-6 Dr. Suman Kumari about medical examination of victim. The trial court has determined age of victim as 17 years 4 months and three days and on the basis of date of birth 10.10.2005. 8. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 9. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Smt. Parveen @ Rubi W/o Shri Mohammad Haneef, is suspended till disposal of appeal with the condition that she would execute 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 her appearance in this court on 13.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, she will not indulge in any criminal activity and if it is found [2025:RJ-JP:27403] (4 of 4) [SOSA-1410/2025] that she is involved in any criminal activity, the order shall be recalled. 2. That she will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant(s) changes the place of residence, she will give in writing her changed address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 5. In case, the applicant has violated any condition, then the order of SOS shall be recalled and cancelled. 10. Misc. Application stands disposed of. 11. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /15(sosa)