Ajay Kumar Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 20638 MP

Madhya Pradesh High Court

Ajay Kumar Pandey vs The State Of Madhya Pradesh on 6 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 6 th OF DECEMBER, 2023
                                            CRIMINAL APPEAL No. 2409 of 2010

                          BETWEEN:-
                          AJAY KUMAR PANDEY S/O RAMNARESH PANDEY
                          PURANI BASTI DHANPURI, PS. DHARPUR, DISTT.
                          SHAHDOL (MADHYA PRADESH)

                                                                                          .....APPELLANT
                          (BY SHRI D.N. SHUKLA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH TH. PS. AMLAI.
                          DISTT. SHAHDOL. (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 29.09.2010 passed by

learned Additional Sessions Judge, Shahdol in Sessions Trial No.74/2010 convicting the appellant for the offence under Section 379 of the I.P.C and sentencing him to undergo rigorous imprisonment for one year with fine of Rs.5,00/- and in default of payment of fine, to further undergo rigorous imprisonment for six months. Appellant was arrested on 24.01.2010 and was granted bail on 25.03.2010 and, therefore, he remained in custody for about three months.

After hearing learned counsel for the parties and taking into consideration

the period of custody of the appellant so also keeping in view the fact that this appeal is pending since 2010, 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.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE Tabish