Jagdish Vasudev vs The State Of Madhya Pradesh
2023 Latest Caselaw 21303 MP

Madhya Pradesh High Court

Jagdish Vasudev 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. 319 of 2014

                         BETWEEN:-
                         1.    JAGDISH VASUDEV S/O MAHARAJ SINGH
                               BRAMHAN, AGED ABOUT 26 YEARS, H.NO. 11/115
                               SECTOR NO. 11 GANDHI NAGAR (MADHYA
                               PRADESH)

                         2.    BHOGRAJ S/O SHRI DAYAL BRAM HAN H. NO.
                               11/115, SECTOR NO. 11, GANDHI NAGAR, BHOPAL
                               (MADHYA PRADESH)

                                                                                       .....APPELLANTS


                         AND
                         THE STATE OF MADHYA PRADESH THR. P.S. GANDHI
                         NAGAR BHOPAL (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                         (BY SHRI DILIP PARIHAR - PANEL LAWYER)

                               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 6.12.2013 passed by learned Special Judge [SC/ST (Prevention of Atrocities) Act], Bhopal in Special Case No.71/2010 convicting the appellants for the offence under Section 354 of the I.P.C and sentencing them to undergo rigorous imprisonment for one year with fine of Rs.500/- each and in default of payment of fine, to further undergo

simple imprisonment for one month each.

Appellants were acquitted of the charge under Sedition 3(1)(11) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. After conviction, they were in jail and later on they have been granted bail by a Coordinate Bench of this Hon'ble High Court vide order dated 3.2.2014.

Learned counsel for the appellants submits that he is not challenging the finding of conviction but confining his argument to the point of jail sentence only and, therefore, prayer is made to declare the period of jail sentence of the appellants as already undergone subject to payment of fine amount.

After hearing learned counsel for the parties and taking into consideration the period of custody of the appellants 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 jail sentence is reduced to the period already undergone by them subject to payment of additional fine amount of Rs.2,000/- each to be deposited before the Trial Court and to be disbursed in favour of the injured/victim. As the appellants were on bail, therefore, their bail bonds are discharged.

Accordingly, this appeal is partly allowed.

Let record of the Trial Court be sent back.

(VIVEK AGARWAL) JUDGE amit