Anup @ Annu vs The State Of Madhya Pradesh
2023 Latest Caselaw 21582 MP

Madhya Pradesh High Court

Anup @ Annu vs The State Of Madhya Pradesh on 15 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 15 th OF DECEMBER, 2023
                                              CRIMINAL APPEAL No. 36 of 2016

                           BETWEEN:-
                           1.    ANUP @ ANNU S/O SHRI RAMESHCHAND KATIYA,
                                 AGED ABOUT 23 YEARS, GREEN VALLEY
                                 AWADHPURI BHOPAL (MADHYA PRADESH)

                           2.    DHARMVEER SINGH S/O SHRI SHISHUPAL SINGH
                                 BHADORIYA, AGED ABOUT 32 YEARS, BDA
                                 COLONY H.NO 1/70 AWADHPURI (MADHYA
                                 PRADESH)

                           3.    ARUN S/O RAMPRASAD KATIYAR, AGED ABOUT
                                 42 YEARS, BDA COLONY H.NO 1/67 AWADHPURI
                                 (MADHYA PRADESH)

                           4.    SANGEETA W/O ARUN KATIYR, AGED ABOUT 28
                                 YEAR S , BDA COLONY H.NO 1/67 AWADHPURI
                                 (MADHYA PRADESH)

                                                                                       .....APPELLANTS
                           (BY SHRI ASHISH TIWARI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH P.S. GOVINDPURA
                           AJK BHOPAL (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI AJAY TAMRAKAR - PANEL LAWYER)

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

This appeal is filed, being aggrieved of judgment dated 23.12.2015, passed by learned Special Judge (Atrocities) Bhopal (M.P.), in S.T.No.34/2013,

whereby, learned trial Court convicted the appellants No. 1 to 4 guilty of committing offence under Section 3236/34 of Indian Penal Code and has awarded sentence of one year R.I. with fine of Rs.500/- each, for offence under Section 323 of IPC, appellant No.4 is convicted on two counts and he has been sentenced to undergo Rigorous Imprisonment for 3 month and fine of Rs.500/- with default stipulation, for offence under Section 323 of IPC appellant No.1 is convicted on two counts and he has been sentenced to undergo Rigorous Imprisonment for 3 months and fine of Rs.500/-, with default stipulation.

Appellant No.1 Anup @ Annu remained in custody from 31.01.2013 to

07.05.2013 i.e. for 3 months and 7 days. Appellants No. 2 & 3-Dharamveer Singh and Arun remained in custody from 31.01.2013 to 13.05.2013 i.e. for 3 months and 13 days. Appellant No.4 remained in custody from 31.01.2013 to 18.02.2013 i.e. for 19 days.

The jail sentence of the accused/appellants has already been suspended by the trial Court till 21.01.2016. Thereafter, jail sentence of accused/appellants has been suspended by this Court on 18.01.2016 and they have been enlarged on bail.

Taking these facts into consideration and considering the period of custody and also looking to the fact that this appeal is pending since 2016, appeal is partly allowed. The conviction of the all appellants is affirmed, however, the sentence is reduced to the period already undergone by the appellants, subject to the condition that fine amount of Rs.500/- (Rupees Five Hundred) each, is enhanced to Rs.1,000/- (Rupees One Thousand) each, which shall be deposited by the appellants before the Court below. The appellants are on bail, their bail bonds are hereby discharged.

In above terms, appeal is allowed and disposed.

(VIVEK AGARWAL) JUDGE A.Praj.