Jammu & Kashmir High Court grants bail to sub-judge convicted in rape case

The High Court of Jammu & Kashmir and Ladakh has granted bail to Rajesh Kumar Abrol (appellant), a sub-judge, who was convicted by a fast track court in Jammu for raping and cheating a woman who had sought legal help from him in 2018 [Rajesh Kumar Abrol V/s UT of J&K]..Single-judge Justice Mohan Lal, granted bail to Abrol subject to him furnishing a personal bond of ₹1 lakh and two sureties of the same amount. ."It is ordered that the substantive sentence passed by the trial court vide judgment dated October 21, 2021 in "State vs Rajesh Abrol" against appellant/convict namely Rajesh Kumar Abrol shall remain remain suspended till final disposal of the appeal, provided appellant/convict executed a personal bond in the sum of ₹1 lakh before Superintendent Central Jail Kot Bhalwal Jammu where appellant/convict is presently serving the jail term, with two sureties of ₹1 lakh each to the satisfaction of Registrar Judicial of this Court," the Court said. .It further ordered that the appellant shall appear before the Court on each and every date of hearing except for the reasons beyond his control and unless exempted by the Court. .The High Court was hearing an appeal against an October 2021 judgment of fast track court convicting and sentencing Abrol to ten years in prison for rape (Section 420 RPC) and cheating (Section 376 RPC). Presiding officer of fast track court at Jammu, Khalil Choudhary, had also imposed a fine of ₹50,000 on Abrol. Further, Abrol was also sentenced to seven years imprisonment along with a fine of ₹20,000 for the offence of cheating..According to the prosecution story, the victim woman, a resident of Ramban district, had met Abrol while she was contesting a case.Being a judicial officer, Abrol promised legal help and sought domestic support from her. Having a minor girl to support, the woman started working in the house of Abrol who also promised better education to her daughter. The accused promised her to pay ₹5,000 per month as salary.The appellant dissolved victim's marriage with her husband by getting divorce deed which was notarized.Later, when Abrol came to know that she was planning to leave his house, he requested her to stay back and put Maang on her forehead and assured her that she would be his wife henceforth. He also told her that he had parted with his wife and was residing alone for last seven years.By these actions, the accused secured the victim's consent to have sexual intercourse with her. She succumbed to his pressure but did not disclose the same to anyone.As per the prosecution, after one year of marriage with Abrol, the woman came to know that he had betrayed her since he was already married to another woman who was his second wife after his divorce from the first wife.While passing the conviction order, the trial court had said that there was complete chain of events and facts to indicate that the crime was committed by the accused and all the circumstances brought on record and established were consistent with the guilt of the accused and inconsistent with his innocence..On appeal, counsel for Abrol argued that the prayer for suspension of sentence of conviction and bail should be considered liberally unless there is a statutory restriction..The Additional Advocate General, however, opposed the plea stating that the appellant ruined the life of the survivor on the pretext of marriage and, therefore, does not deserve any lenience. .The High Court after examining the rival contentions noted that there is no statutory restriction/prohibition in suspending the sentence and releasing the appellant on bail..It, therefore, suspended the sentence and granted bail to Abrol. The matter will be heard again on July 27. Senior Advocate PN Raina along with advocate JA Hamal appeared for Abrol. .[Read Order]