Anil vs The State Of Madhya Pradesh
2021 Latest Caselaw 8466 MP

                                                            1                              CRA-11094-2019
                               The High Court Of Madhya Pradesh
                                        CRA No. 11094 of 2019
                                              (ANIL Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 08-12-2021
                             Ms. Shrishti Kashyap, learned counsel for the appellant.

                             Shri Sanjay Malviya, learned Panel Lawyer for the State-respondent.

Heard on I.A.No. 2157/2021, which is the application filed under sections 389(1) Cr.P.C. for suspension of sentence and grant of bail to appellant-Anil.

The appellant is undergoing sentence in the aforesaid case. He was an under trial since 13/10/2016 and thereafter continued to remain in jail, as convicted, since

14/11/2019. The appellant herein has been tried and convicted for the offences punishable under sections 307 and 436 of IPC and sentenced to suffer RI for 5 years and RI for 14 years and fine of Rs.500/- and 500/-, respectively, with default stipulation, as mentioned in the impugned judgment. Both these sentences were directed to run concurrently.

The brief facts of the prosecution's case are as follows. The appellant went to the shop of the complainant on Deewali day to buy crackers. The shop was set up in an open ground. There were other shops also selling crackers. The appellant is stated to have taken some fire crackers, but refused to pay the money on the ground that the complainant had earlier approached the appellant for a hair cut and that certain money

was still due from the complainant to the appellant and in view of the same, the appellant took away the crackers. On protest being made by the complainant, the appellant is alleged to have poured petrol on the complainant and also on the crackers and set the shop on fire. The complainant says that he jumped aside and saved his life, otherwise, he would have died on account of the burns. Undisputedly, the complainant had suffered no injuries. But in the incident, as per the version given by the complainant, the crackers that had exploded set fire on several other shops, which were adjacent to the shop of the complainant. Learned counsel for the appellant also says that all the other witnesses have turned hostile.

Be that as it may, looking to the stringent sentence imposed on the appellant and the nature of the offence committed by the appellant, prima facie, we are of the view that the sentence may be disproportionate, under the circumstances and without commenting on the merits of the case, the applications are allowed and it is directed

Signature SAN Not that the appellant shall be enlarged on bail upon his furnishing a personal bond in the Verified

Digitally signed by ASTHA SEN Date: 2021.12.09 16:21:17 IST 2 CRA-11094-2019 sum of Rs.50,000/- (Fifty Thousand Only)with one solvent surety in the like amount to the satisfaction of the learned trial Court.

The jail authorities shall have the appellant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19) and if he is, he shall be sent to the nearest hospital designated by the state for treatment. If not, he shall be transported to his place of residence by the jail authorities.

Certified copy as per rules.

   (ATUL SREEDHARAN)                                               (SUNITA YADAV)
          JUDGE                                                        JUDGE

Astha