Madhya Pradesh High Court
Badrilal vs The State Of Madhya Pradesh on 9 December, 2021
Author: Vivek Rusia
-1- CRA No.894/2019
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
CRA NO.894/2019
Badrilal s/o Lalji
Age 47 years, occupation Agriculturist,
& Labour At present R/o village Piplipada
Mandan, P.S Petlawad, District Jhabua,
R/o village Suthvadiya .......Appellant.
vs.
State of M.P through P.S Petlawad,
District Jhabua M.P .......Respondent.
09.12.2021: (Indore):
Shri Pratik Jain, learned counsel for the appellant.
Smt.Mamta Shandilya, learned GA for the respondent/State.
Heard on IA No.23134/2021, an application for suspension of
sentence on behalf of the appellant.
Appellant has filed this appeal against the judgment dated
212.12.2018 passed by A.S.J, Petlawad, district Jhabua in Sessions
Trial No.122/2016 whereby the learned trial Court has convicted the
appellant under section 307 & 294 IPC and sentenced him to undergo
RI for ten years with fine of Rs.4000/ and RI for 3 months with fine of
Rs.1000/- respectively with further default stipulation.
As per prosecution case, on 11.5.2016 the appellant is said to
have ablazed his wife Somlibai as she was not ready to sell the land
which was in joint possession of the appellant. He poured petrol on
her body and set her into fire. She jumped in to the water reservoir
and saved herself. As per the doctor's opinion she sustained 55% burn
injuries, however, she survived, hence the appellant was convicted and
sentenced as stated above.
Learned counsel for the appellant submits that the trial court has
committed an error in convicting the appellant under section 307 IPC
as there was no intention for the appellant to kill the victim looking to
the quantity of inflammable material used by the appellant and he
wanted to teach only a lesson to his wife. There is a possibility of
settlement between the parties in future also. The appellant is in jail
-2- CRA No.894/2019
since the date of arrest and completed more than 5 years and 3 months
jail sentence so far. The appeal is of the year 2019 and there is no
likelihood of early hearing of this appeal in near future, hence prayed
for suspension of sentence and release of appellant on bail.
On the other hand, learned counsel for the respondent/State
opposes the prayer.
Considering the facts and circumstances of the case and the fact
that this appeal is likely to take time for final hearing, the application
is allowed and it is directed that the jail sentence passed against the
appellant shall remain suspended and he be released on bail upon his
depositing the fine amount (if already not deposited) and furnishing
personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand)
with one solvent surety in the like amount to the satisfaction of the trial
Court for his appearance before the Registry of this Court on
18.04.2021 and on such further dates as may be fixed in this behalf by
the Registry during the pendency of this appeal.
Before releasing the appellant from the custody the jail
authorities are directed to medically examine him in order to rule out
the possibility of COVID -19 infections and shall comply with the
direction given by the Hon'ble Apex Court in Writ Petition No.
1/2020.
C.c as per rules.
(VIVEK RUSIA)
Digitally signed by HARI
JUDGE
KUMAR C G NAIR
Date: 2021.12.09
hk/ 16:49:13 +05'30'
