HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 2302/2024 In S.B. Criminal Appeal No. 3061/2024 Arti Wife of Dinesh, Resident of Uksi Jatwara Police Station Bahatu Kalan, Tehsil Laxmangarh, District Alwar (Rajasthan) (Presently Confined in Central Jail, Sevar District Bharatpur) ----Petitioner Versus State Of Rajastahn, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta Mr. Harnab Saraswat Ms. Chanchal For Respondent(s) : Mr. Amit Gupta-Addl.G.A cumm PP JUSTICE ANOOP KUMAR DHAND Order 09/10/2025 1. Learned counsel for the accused-appellant submits that as per the case of prosecution, the petitioner had instigated the co- accused persons to commit sexual assault upon the prosecutrix. Counsel for the appellant submits that all four accused persons faced trial out of which Buddhi Prakash and Roshan have been acquitted from all the charges. Counsel submits that the offence of commission of rape/sexual assault upon the prosecutrix has been established on the basis of the evidence of the prosecutrix PW-11. Counsel submits that the appellant is a lady and she was pregnant at the relevant time when the alleged incident occurred and she was on bail during the course of trial and now she is in (2 of 3) [SOSA-2302/2024] custody since the date of passing of the judgment and since the disposal of the appeal is bound to take time, therefore, the sentence awarded to the appellant be suspended till final disposal of the appeal. 2. Per contra, learned Public Prosecutor has opposed the prayer. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Considering the arguments put forward by counsel for the appellant and looking to the fact that the appellant is a lady and the allegations against her are with regard to abetment/instigating and the allegation of commission of rape has been levelled by the prosecutrix against the main accused Sharif and considering the fact that the appellant was on bail during the course of trial and now she is in custody since 24.10.2024 and the disposal of the appeal is likely to take time, hence, this Court deems it just and proper to suspend the sentence awarded to the accused-appellant till final disposal of the appeal. 5. 5. Accordingly, the application for suspension of sentence filed by the appellant is allowed and the sentence awarded against the appellant-Arti W/o Dinesh shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and she shall be released on bail provided she executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 10.11.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- (3 of 3) [SOSA-2302/2024] 1. That she shall appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant change her place of residence and mobile number, she will give in writing her changed address and mobile number to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change address(s), she will give in writing her changed address to the trial Court. 4. Appellant shall deposit a fine amount as imposed by the learned trial Court. 6. The learned trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal Misc. Case relating to the original case in which the accused-appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Since criminal misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 7. In case the said accused-appellant does not appear before the trial court and commits any default, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J Ashu/129