Raju @ Rajendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 21306 MP

Madhya Pradesh High Court

Raju @ Rajendra 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. 786 of 2013

                           BETWEEN:-
                           RAJU @ RAJENDRA S/O LAXMAN RAIKWAR, AGED
                           ABOUT 40 YEARS, RAMNAGAR BEGUMGANJ (MADHYA
                           PRADESH)

                                                                                            .....APPELLANT
                           (NONE)

                           AND
                           THE STATE OF MADHYA PRADESH THR                        P.S.
                           BEGUMGANJ RAISEN (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI VINAY SHARMA -PANEL LAWYER)

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

This appeal is directed against the judgment dated 15.03.2013 passed by

learned Additional Sessions Judge, Begumganj, District Raisen (M.P.), in Sessions Trial No.10/2007, convicting the appellant for the offence under Section 332 of the I.P.C and sentencing him to undergo rigorous imprisonment for one year with fine of Rs.2,000/- and in default of payment of fine, to further undergo rigorous imprisonment for four months.

Appellant was arrested on 16.10.2006 and was granted bail on 03.04.2013 and, therefore, he remained in custody 16.10.2006 to 08.11.2006 i.e. for 24 days.

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 sentence is reduced to the period already undergone by him in custody, subject to the condition that fine amount is enhanced from Rs.2,000/-(Rupees Two Thousand) to Rs.5,000/-(Rupees Five Thousand) 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 A.Praj.