Sunil vs The State Of Madhya Pradesh
2023 Latest Caselaw 21300 MP

Madhya Pradesh High Court

Sunil vs The State Of Madhya Pradesh on 13 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 13 th OF DECEMBER, 2023
                                            CRIMINAL APPEAL No. 1816 of 2014

                           BETWEEN:-
                           SUNIL S/O MANIRAM MAHORE, AGED ABOUT 39
                           YEARS, VILLAGE SHIKARPUR KOTWALI CHHINDWARA
                           (MADHYA PRADESH)

                                                                                        .....APPELLANT


                           AND
                           THE STATE OF MADHYA PRADESH P.S. KOTWALI/ AJAK
                           CHHINDWARA CHHINDWARA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS


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

Parties through their counsel

This appeal is directed against the judgment dated 24/06/2014 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Chhindwara in Special Case No.98/2010 convicting the appellant for the offence under Section 354 of I.P.C and sentencing him to undergo rigorous imprisonment for one year with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for two months.

The incident took place on 19/10/2010 at about 8:00 A.M. The appellant was arrested on 2/11/2010 and he remained in custody from 2/11/2010 to

3/11/2010 and, therefore, he remained in custody for about one month.

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 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.3,000/- 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.

Record of the Court below be sent back.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE vy