Citation : 2023 Latest Caselaw 20634 MP
Judgement Date : 6 December, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 6 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 688 of 2014
BETWEEN:-
RAM KUMAR @ MAJHLE S/O ACHCHHELAL YADAV,
AGED ABOUT 36 YEARS, VILLAGE DHAMCHI P.S.
ORCHHA ROAD (MADHYA PRADESH)
.....APPELLANT
(NONE)
AND
THE STATE OF MADHYA PRADESH P.S. ORCHHA ROAD
CHHATARPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VINOD TIWARI - PANEL LAWYER)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
This appeal is directed against the judgment dated 7.2.2014 passed by
learned Sessions Judge, Chhatarpur in Sessions Trial No.126/2012 convicting the appellant for the offence under Section 324/34 of the I.P.C and sentencing him to undergo rigorous imprisonment for one year with fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for three months.
Appellant was arrested on 13.2.2012 and was granted bail on 9.8.2012 and, therefore, he remained in custody for about six months.
After hearing learned Panel Lawyer for the State and taking into
consideration the period of custody of the appellant so also keeping in view the fact that this appeal is pending since 2014, the finding of conviction recorded by the Trial Court is affirmed but the sentence is reduced to the period already undergone by him subject to payment of additional fine amount of Rs.2,000/- to be deposited before the Trial Court and to be disbursed in favour of the injured/victim. As the appellant was on bail, therefore, his bail bonds are discharged.
Accordingly, this appeal is partly allowed. Let record of the Trial Court be sent back.
(VIVEK AGARWAL) JUDGE amit
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