Thelaram Alias Arvind vs The State Of Madhya Pradesh
2023 Latest Caselaw 21310 MP

Madhya Pradesh High Court

Thelaram Alias Arvind 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. 2764 of 2012

                           BETWEEN:-
                           THELARAM ALIAS ARVIND S/O MUNNALAP PATEL,
                           AGED ABOUT 30 YEARS, PODI, P.S. SIHORA UP JAIL
                           SIHORA (MADHYA PRADESH)

                                                                                           .....APPELLANT
                           (NONE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           SIHORA (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 10.10.2012 passed by

learned Special Judge (SC/ST) Jabalpur, District Jabalpur (M.P.), in Sessions Trial No.66/2011, convicting the appellant for the offence under Section 325 of the I.P.C and sentencing him to undergo rigorous imprisonment for one year.

Appellant-Thelaram was arrested on 18.08.2011 and was granted bail on 22.05.2012 by the trial Court and thereafter on 23.1.2013 by this Court, therefore, he remained in custody for about 3 months and 19 days as per certificate under Section 428 Cr.P.C. .

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 2012, 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.

Accordingly, this appeal is partly allowed. Let record of the Trial Court be sent back.

(VIVEK AGARWAL) JUDGE A.Praj.