Raju vs The State Of Madhya Pradesh
2023 Latest Caselaw 10902 MP

                                - : 1 :-
                                                         CRA No. 7302/2019


        HIGH COURT OF MADHYA PRADESH: BENCH INDORE
   BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
        RUSIA & HON'BLE SHRI JUSTICE ANIL VERMA
                        CRA No. 7302 of 2019
            (RAJU S/O. DAYARAM. V/S. STATE OF M.P.)
Date: 14.07.2023 :
      Shri Vivek Singh, learned counsel for the appellant.
      Shri Amit Rawal, learned Govt. Advocate for respondent/State.

Heard on I.A. No.7033/2023, a repeat (3rd) application filed u/s. 389(1) of Cr.P.C. for suspension of jail sentence on behalf of appellant

- Raju S/o. Dayaram.

The appellant stands convicted vide judgment dated 31.7.2019 passed by Sessions Judge, Mandleshwar in Sessions Trial No. 100/2018 u/s. 302 of the IPC and sentenced to undergo life imprisonment and to pay fine of Rs.2,000/- with default stipulation.

The allegation against the appellant is that on 9.4.2018 he burnt his wife by pouring kerosene oil. She was admitted in the hospital and she was found 31% burnt. She was given treatment and thereafter got discharged. She died on 9.5.2018 because of Septicemia. Initially the FIR was registered for the offence u/s. 307 of the IPC but later on it was converted into Section 302 of the IPC.

Learned counsel for the appellant submits that the dying declaration of the deceased was recorded in which she disclosed that she was burnt by her husband on a petty issue of payment of Rs.400/- to the milkman. The offence will not travel more than offence u/s. 304 Part I of the IPC. The appellant has no criminal past. He is in jail for more than 5 years. This appeal is of the year 2019 and there is no likelihood of early hearing of the appeal in near future. At the time of

- : 2 :-

CRA No. 7302/2019

the incident his daughter was aged 14 years and now she has attained the age of majority, therefore, his presence in the house is necessary to look after his daughter. He, therefore, prays for suspension of jail sentence of appellant and to release him on bail.

On the other hand, learned Govt. Advocate opposes the prayer and prays for rejection of the application.

In view of the above facts and circumstances of the case in totality, without commenting anything on the merits of the case, we deem it proper to suspend the jail sentence of this appellant.

Accordingly, I.A. No.7033/2023 is allowed and it stands closed. It is directed that subject to deposit of fine amount with the trial Court, if not already deposited, and on furnishing personal bond by the appellant - Raju S/o. Dayaram in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 11.12.2023 and on all such subsequent dates, which are fixed in this behalf, during pendency of this appeal the execution of custodial part of the jail sentence of the appellant shall remain suspended till final disposal of this appeal. I.A. Nos. 12615/2022 and 7035/2023, applications for early hearing of appeal, stand disposed of.

C.C. as per rules.

         [ VIVEK RUSIA ]                             [ANIL VERMA]
             JUDGE.                                     JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2023.07.14 18:30:00 +05'30'