Munnawar Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 21304 MP

Madhya Pradesh High Court

Munnawar Khan 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. 2908 of 2013

                         BETWEEN:-
                         MUNNAWAR KHAN S/O SHRI GULZAR KHAN, AGED
                         ABOUT 21 YEARS, VILL. GHANAMAR TEH. AND DISTT.
                         DINDORI (MADHYA PRADESH)

                                                                                       .....APPELLANT
                         (BY SHRI ABHISHEK SINGH - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH TH:P.S. DINDORI
                         DISTT. DINDORI (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 18.10.2013 passed by learned Sessions Judge, Dindori in Sessions Trial No.14/2013 convicting the appellant for the offence under Section 363 of the I.P.C and sentencing him to undergo rigorous imprisonment for one year & six months with fine of Rs.3,000/- and in default of payment of fine, to further undergo rigorous imprisonment for forty-five days.

Appellant was acquitted of the charge under Sections 366, 376, 506-II of the I.P.C. He has already suffered the jail sentence of four months and twenty-

five days. He was granted bail by a Coordinate Bench of this Hon'ble High Court vide order dated 27.11.2013 Learned counsel for the appellant 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 appellant 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 appellant so also keeping in view the fact that this appeal is pending since 2013, the finding of conviction recorded by the Trial Court is affirmed but the jail sentence is reduced to the period already

undergone by him subject to payment of additional fine amount of Rs.5,000/- 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