Sanjay Tripathi vs The State Of Madhya Pradesh

Madhya Pradesh High Court

Sanjay Tripathi vs The State Of Madhya Pradesh on 15 December, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                               1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                               ON THE 15 th OF DECEMBER, 2023
                                               CRIMINAL APPEAL No. 294 of 2016

                           BETWEEN:-
                           SANJAY TRIPATHI S/O ASHISH TRIPATHI, AGED ABOUT
                           22 YEARS, PINDRA PS MAJHGAWN (MADHYA PRADESH)

                                                                                         .....APPELLANT
                           (BY SHRI UPENDRA KUMAR TRIPATHI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S
                           MAJHGAWN SATNA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI AJAY TAMRAKAR - PANEL LAWYER)

                                 Th is appeal coming on for hearing this day, t h e court passed the
                           following:
                                                                ORDER

This appeal is filed, being aggrieved of judgment dated 13.01.2016, passed by learned Sessions Judge, Satna (M.P.), in S.T.No.52/2014, whereby, learned trial Court convicted the appellant guilty of committing offence under Section 325 of Indian Penal Code and has awarded sentence of one year and fine of Rs.3000/-, with default stipulation.

Appellant was in custody from 09.11.2012 to 20.11.2012 i.e. for 12 days. The jail sentence of the accused/appellant has already been suspended by the trial Court. Thereafter, jail sentence of accused/appellant has been suspended by this Court on 05.02.2016 and he has been enlarged on bail.

Taking these facts into consideration and considering the period of custody and also looking to the fact that this appeal is pending since 2016, appeal is partly allowed. The conviction of the appellant is affirmed, however, the sentence is reduced to the period already undergone by the appellant, subject to the condition that fine amount of Rs.3,000/- (Rupees Three Thousand) is enhanced to Rs.5,000/- (Rupees Five Thousand), which shall be deposited by the appellant before the trial Court. The appellant is on bail, his bail bond is hereby discharged.

In above terms, appeal is allowed and disposed.

(VIVEK AGARWAL) JUDGE A.Praj.