Daryao Singh Rajak vs The State Of Madhya Pradesh
2022 Latest Caselaw 16686 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    CRA No. 2433 of 2018
                                        (DARYAO SINGH RAJAK Vs THE STATE OF MADHYA PRADESH)

                      Dated : 15-12-2022
                             Shri Shreyash Pandit - Advocate for the appellant.

                             Shri S.K. Kashyap - Government Advocate for respondent - State

I.A. No. 6027/2021, which is repeat application for suspension of sentence and grant of bail to appellant- Daryao Singh Rajak arising out of judgment dated 06.12.2017 delivered in S.T. No. 214/2015 by IV Additional

Sessions Judge, Sagar, is taken up.

T h e appellant has been convicted und er Section 302 of IPC and sentenced to undergo life imprisonment and fine of Rs.3000/ with default stipulations.

Shri Pandit, learned counsel for the appellant submits that as per prosecution story on 17.04.2015, the appellant came back to his house and expected that his wife will open the door with quite promptitude but since there was a delay on her part he became angry and used filthy language to his wife. The wife resisted. Appellant took a match box out of his pocket and set her

ablaze.

Learned counsel for appellant submits that appellant remained in custody from 18.04.2015 to 06.05.2016 and between 06.05.2016 to date of judgment i.e. 06.12.2017 he remained on bail. The appellant is in custody thereafter from 06.12.2017. Appellant is now aged about 62 years. The factual backdrop of the incident shows that it had taken place in a spur of moment. There was no Signature SAN Not Verified premeditation. In similar curcumstance the Apex Court in case of Jai Karan Digitally signed by ARVIND KUMAR Yadav Vs. State (NCT of Delhi) through SHO 2022 Live Law (SC) 992 MISHRA Date: 2022.12.15 18:08:30 IST

converted the conviction from Section 302 of IPC to Section 304 Part-II of IPC. Other prosecution witnesses turned hostile. Final hearing of this appeal is not possible in near future, it is prayed that, remaining jail sentence of the appellant may be suspended.

Shri Kashyap, G. A. opposes the prayer on the basis of objection. We have heard the parties at length.

Considering the factual matrix of the case and judgment of Supreme Court in the case of Jai Karan Yadav (supra) , without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant- Daryao Singh Rajak is hereby suspended and it is directed that on his furnishing a personal bond for a sum of Rs. 50,000/- (Rs. fifty thousand only) along with one surety in the like amount to the satisfaction of the trial Court, he shall be released on bail with a further direction to remain present before the trial Court, Sagar on 08th March, 2023 and on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List for final hearing in due course.

C.C as per rules.

  (SUJOY PAUL)                                  (PRAKASH CHANDRA GUPTA)
     JUDGE                                               JUDGE
MISHRA