Madhya Pradesh High Court
Daulat Ram Prajapati vs The State Of Madhya Pradesh on 25 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 725 of 2014
(DAULAT RAM PRAJAPATI Vs THE STATE OF MADHYA PRADESH)
Dated : 25-08-2023
Shri A.K. Jain- Advocate for the appellant.
Shri A.K. Nirankari -Public Prosecutor for respondent/State.
Heard o n IA No.3598 of 2023, fifth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
the appellant - Daulat Ram Prajapati. His all earlier applications have been
dismissed as withdrawn.
So far appellant has undergone almost 11 years and 10 months'
incarceration.
Appellant stood convicted under Section 302 of IPC and sentenced to
undergo Life Imprisonment with a fine of Rs.500/- with default stipulation vide
judgment of conviction and order of sentence dated 30.04.2014 passed by II
Additional Sessions Judge, District Guna (M.P.) in ST No.01/2012.
As per prosecution story, Sub-Inspector of Police Station Kotwali Mr.
S.K. Choudhary received an information while patrolling pertaining to setting the
deceased ablaze after pouring kerosene on her. Having reached the place of
incident, Mr. Choudhary got her sent to District Hospital Guna by Ambulance.
When searched the home, he found that there were husband of the deceased
and two children. Husband of the deceased, namely, Daulatram was also sent
for medical examination at Hospital and Dehati Nalisi Ex.P-14 was recorded at
hospital as per the statement given by Guddibai, the deceased. On the basis of
Dehati Nalisi, FIR was reduced in writing at Crime No.577/2011 for the offence
punishable under Section 307 IPC. Dying declaration Ex.P-10 was written by
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 8/26/2023
3:18:08 PM
Naib Tahsildar. Since the condition was deteriorating, Guddibai was referred to
Bhopal where she died during treatment. Upon completion of investigation,
recording of the statements and other formalities, Challan was filed. The case
was committed to the Sessions Court for trial. The Sessions Court upon
critical evaluation of the evidence placed before it and recording of statements
of material witnesses, convicted and sentenced the present appellant as referred
above.
Learned counsel for the appellant submits that the appellant is innocent
and has been falsely implicated. The Sessions Court has not appreciated the
evidence in correct perspective and the same suffers from surmises and
conjectures. Moreso, appellant has already suffered more than 11 years and 10
months' incarceration. The appeal is of the year 2014 and there is no likelihood
of early hearing of this appeal in near future. Under such circumstances, it is
prayed that jail sentence of the appellant may kindly be suspended.
Learned counsel for the respondent-State opposed the prayer and
supports the impugned judgment.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions so advanced touching merits of the
case, but regard being had to the period of custody suffered by the appellant
i.e. almost 11 years and 10 months' and that the appeal is of the year 2014 and
there is no likelihood of early hearing of the appeal, this Court is of the
considered view that benefit of suspension of sentence may be extended to
present appellant.
Accordingly, IA No.3598 of 2023 stands allowed and it is directed
that jail sentence of sole appellant - Daulat Ram Prajapati shall remain
Signature Not Verified
suspended during pendency of the present appeal and he shall be released on
Signed by: PAWAN
DHARKAR
Signing time: 8/26/2023
3:18:08 PM
bail subject to verification of the factum of depositing the fine amount and
furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs
only) with one solvent surety in the like amount to the satisfaction of the Trial
Court. He is directed to appear before the Registry of this Court first on
12.10.2023 and on other subsequent dates as may be fixed in this behalf.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 8/26/2023
3:18:08 PM
