Ajay @ Ajju vs The State Of Madhya Pradesh
2023 Latest Caselaw 21307 MP

Madhya Pradesh High Court

Ajay @ Ajju 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. 371 of 2013

                           BETWEEN:-
                           AJAY @ AJJU S/O ANNELAL TIWARI, AGED ABOUT 30
                           YEARS, TAAL WARD TENDUKHERA, P.S. TENDUKHERA
                           DISTT. NARSINGHPUR (MADHYA PRADESH)

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

                           AND
                           THE  STATE        OF MADHYA PRADESH    TH:P.S.
                           TENDUKHERA        DISTT. NARSINGHPUR (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:
                                                               ORDER

This appeal is directed against the judgment dated 29.01.2013 passed by

learned II Additional Sessions Judge, Gadarwara, District Narsinghpur (M.P.), in Sessions Trial No.04/2011, convicting the appellant for the offence under Section 325 of the I.P.C and sentencing him to undergo rigorous imprisonment for one year with fine of Rs.5,00/- and in default of payment of fine, to further undergo rigorous imprisonment for two months.

Appellant was arrested on 02.11.2010 and was granted bail on 18.02.2013 and, therefore, he remained in custody for about four months and

two 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.500/-(Rupees Five Hundred) to Rs.1,000/-(Rupees One Hundred), 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.