The Uttarakhand High Court recently stayed the conviction of a vaccine scientist accused of abetting the suicide of his wife, noting that national interest may be affected if he is not allowed to resume his research work [Akash Yadav v. State]..Justice Ravindra Maithani passed the interim order on an appeal filed by the scientist against the trial court judgment that convicted him.The scientist had argued that, due to his conviction, he was not being allowed to join vaccine research work. The High Court took note of this argument and observed that scientist's vaccine research work was a matter of public health and national interest."What is stated in the instant case is that the appellant is a Scientist, who is into the research work of vaccine development, and due to his conviction, he is not allowed to join his duties, which, otherwise, is also greater issue of public health and national interest," the July 11 order said. .The plea before the Court was filed by Akash Yadav (appellant), a scientist with a PhD from IIT Kharagpur and Senior Manager at the Indian Immunologicals Limited.He had been accused of dowry harassment and abetting the suicide of his wife. The prosecution claimed that the wife had left behind a suicide note blaming the appellant for her death. A trial court cleared him of the offences concerning dowry death. However, he was convicted under Section 306 (abetment to suicide) of the Indian Penal Code (IPC). He denied all allegations against him and filed an appeal before the High Court challenging his conviction under Section 306 of the IPC. He also urged the High Court to stay his conviction and sentence until the appeal is decided.In the meanwhile, he was also released from jail on bail on April 7. .Before the High Court, his counsel argued that his conviction was hampering his critical role in vaccine research, which is vital to public health and national interest. It was further submitted that no case was made out against him as he had been acquitted under Sections 304-B (dowry death) IPC and Sections 3 and 4 (punishment for dowry death) of the Dowry Prohibition Act. The State opposed the plea by pointing to the wife's suicide note blaming Yadav..The Court, relying on Supreme Court judgments including Rama Narang v Ramesh Narang and Navjot Singh Sidhu v State of Punjab, noted that in exceptional cases, an appellate court may suspend a conviction if its consequences cause irreparable harm.It proceeded to allow Yadav's plea to suspend his conviction and sentence until his appeal is decided. "Having considered the entirety of facts, this Court is of the view that this is a fit case in which the order of conviction as well as execution of sentence, appealed against, should be suspended. Accordingly, the stay application deserves to be allowed. The order of conviction as well as execution of sentence, appealed against, shall remain suspended during the pendency of this appeal," the Court said. .Advocate Harshit Sanwal appeared for the appellant. Additional Government Advocate VS Rawat appeared for the State..[Read Order]
