Suresh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21308 MP

Madhya Pradesh High Court

Suresh 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. 1191 of 2013

                           BETWEEN:-
                           SURESH S/O MANGILAL, AGED ABOUT 27 YEARS BY
                           CASTE KORKU, VILL DEVLI KALA P.S. KHANDWA
                           (MADHYA PRADESH)

                                                                                         .....APPELLANT
                           (BY SHRI L.N. SAKLE - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH P.S. AJK (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 filed by accused Suresh S/o Mangilal under Section 374

(2) of the Code of Criminal Procedure, 1973 being aggrieved of the judgment dated 18/04/2013 passed by the court of Special Judge (Atrocities), Khandwa in Special Criminal Case No. 68/2010 on the ground that though appellant was charged along with other co-accused persons under Sections 294, 147, 323/149, 353/149 and 506(2) of I.P.C. for an incident which took place on 15/08/2010 but he has been convicted only under Section 353 of I.P.C. with one year Rigorous Imprisonment and Section 323 of I.P.C. with six months Rigorous Imprisonment and fine of Rs. 500/-, in default, one month R.I.

It is pointed out that fine amount is already deposited as per the record of the trial court which is a certificate under Section 428 of the Code of Criminal Procedure. Appellant Suresh S/o Mangilal was arrested on 16/08/2010. He was on judicial remand from 2/04/2013 to 18/04/2013. Thus, he has spent 17 days in custody.

It is submitted that the allegation on the appellant is that on Independence Day, he had torn the message of the Chief Minister and had assaulted the Secretary of the Gram Panchayat.

Looking to these facts and also the fact that at the time of the incident, the appellant was a youth. Ten years time has lapsed since then and also

keeping in view the fact that the 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 subject to payment of additional fine amount of Rs.1,000/- to be deposited before the Trial Court and to be paid to the complainant/then Secretary of the Gram Panchayat. As the appellant was on bail, therefore, his bail bonds are discharged.

Accordingly, this appeal is partly allowed and disposed of. Record of the Court below be sent back.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE vy