Rajkumar Uike vs The State Of Madhya Pradesh
2021 Latest Caselaw 2146 MP

                                                        Cr.A. No.995/2021
                                   (1)

          HIGH COURT OF MADHYA PRADESH,
                     JABALPUR
            JUSTICE S.A.DHARMADHIKARI
                          Cr.A. No. 995/2021
                             Rajkumar Uike
                                    Vs.
                           The State of M.P.
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Shri     Neeraj Jain, learned counsel for the appellant.
Shri Gopal Jaiswal, learned Panel Lawyer for the respondent-
State.
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                         JUDGMENT

07/06/2021

1. This present appeal under Section 374(2) of the Cr.P.C

has been preferred against the judgment dated 25/02/2016

passed by Special Judge (Atrocities) and Additional Sessions

Judge, Hosangabad (M.P.) in Special Sessions Trial No.

391/2013, whereby the appellant has been convicted under

sections 452 and 307/34 of the IPC and sentenced to undergo

three years RI with fine of Rs. 1000/-, in default to suffer

additional R.I for one month and seven years RI with fine of

Rs. 5,000/-, in default to suffer additional R.I for one year

respectively with the direction that the custodial sentences

shall run concurrently.

2. Learned counsel for the appellant at the outset submitted

that appellant has already suffered the impugned custodial

sentence but owing to his adverse financial condition, he is not

in a position to pay the fine amount of Rs. 6000/- as awarded

by the Trial Court and is still languishing in jail. The appellant

could not prefer the appeal after conviction due to financial Cr.A. No.995/2021

restraints. The same could be filed after more than five years

after conviction. In such circumstances, since, he has already

suffered the custodial sentence, the fine amount may be waived

off and appellant be released while maintaining conviction.

3. On the other hand, learned Panel Lawyer has not

disputed the position, as contended by counsel for the

appellant.

4. In view of the aforesaid submissions, looking to the

adverse financial condition of the appellant, the fine amount, as

awarded by the Trial Court, is reduced to symbolic fine of Rs.

100/- for Section 452 of the IPC and Rs. 100/- for section

307/34 of the IPC while the default stipulation is maintained.

The conviction under Sections 452 and 307/34 of the IPC is

maintained.

5. The appellant Rajkumar Uike, who is in jail, shall be

released forthwith, after verification of the jail sentence and if

not wanted in any other criminal cases. The fine amount stands

reduced as indicated hereinabove.

6 With the aforesaid modification, appeal stands allowed

to the extent indicated hereinabove.

7. Let a copy of the judgment be sent to the Trial Court for

necessary compliance.

(S.A.Dharmadhikari) Judge Prachi

PRACHI MISHRA 2021.06.07 10:21:47 +05'30'