Arjun Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 21305 MP

Madhya Pradesh High Court

Arjun Patel 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. 2727 of 2013

                         BETWEEN:-
                         1.    ARJUN PATEL S/O MOTILAL PATEL, AGED ABOUT
                               19 YEARS, VILL. SATHINI P.S. MANGAWAN REWA
                               (MADHYA PRADESH)

                         2.    SMT. SUSHILA PATEL W/O MOTILAL PATEL VILL.
                               SATHINI, P.S. MANGAWAN, (MADHYA PRADESH)

                                                                                       .....APPELLANTS


                         AND
                         THE STATE OF MADHYA PRADESH                    THR.   P.S.
                         MANGAWAN REWA (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 8.10.2013 passed by learned VII Additional Sessions Judge, Rewa in Sessions Trial No.335/2010 convicting the appellants for the offence under Section 332/34 of the I.P.C and sentencing them to undergo rigorous imprisonment for six months each and convicting the appellant No.1 for the offence under Section 333/34 of the I.P.C and sentencing him to undergo rigorous imprisonment for one year with fine of

Rs.500/- and in default of payment of fine to further undergo additional rigorous imprisonment for one month and convicting the appellant No.2 for the offence under Section 333 of the I.P.C and sentencing her to undergo rigorous imprisonment for one year with fine of Rs.500/- and in default of payment of fine to further undergo additional rigorous imprisonment for one month with a further direction to run all the substantive jail sentences concurrently.

After their conviction, the appellant No.1 was in jail from 18.8.2010 to 20.8.2010 whereas appellant No.2 was in jail from 18.8.2010 to 24.9.2010 and later on they have been granted bail by a Coordinate Bench of this Hon'ble High Court vide order dated 1.11.2013.

Learned counsel for the appellants submits that he is not challenging the finding of conviction recorded against the appellants 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 2013, 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