Sohanlal Alias Sonu vs The State Of Madhya Pradesh
2023 Latest Caselaw 21584 MP

Madhya Pradesh High Court

Sohanlal Alias Sonu 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. 3116 of 2015

                           BETWEEN:-
                           1.    SOHANLAL ALIAS SONU S/O RAMESH PATHROT,
                                 AGED ABOUT 32 YEARS, CHETANYA NAGAR
                                 WARD NO 34 BARAH BANGLA ITARSI (MADHYA
                                 PRADESH)

                           2.    SURESH KUMAR S/O SIRIY PATHROT, AGED
                                 ABOUT 52 YEARS, CHETANYA NAGAR WARD NO
                                 34 BARAH BANGLA ITARSI (MADHYA PRADESH)

                           3.    SIKANDAR S/O RAMESH PATHROT, AGED ABOUT
                                 39 YEARS, CHETANYA NAGAR WARD NO 34
                                 BARAH BANGLA ITARSI (MADHYA PRADESH)

                           4.    ASHISH ALIAS MONIKA S/O RAMESH PATHROT,
                                 AGED ABOUT 26 YEARS, CHETANYA NAGAR
                                 WARD NO 34 BARAH BANGLA ITARSI (MADHYA
                                 PRADESH)

                                                                                    .....APPELLANTS
                           (BY MS. ANITA KAITHWAS - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           ITARSI PS ITARSI (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:
                                                            ORDER

This appeal is filed, being aggrieved of judgment dated 14.10.2015, passed by learned Special Judge (Atrocities) and Additional Session Judge,

Hoshangabad (M.P.), in Special Case No.89/2012, whereby, learned trial Court convicted the appellants guilty of committing offences under Sections 294 of Indian Penal Code and has awarded sentence of Simple Imprisonment for one month each, Section 323/34 of IPC, they are sentenced to undergo R.I. for one year each with fine of Rs.200/- each, on three counts with default stipulation and Section 506 of IPC, they are sentenced to undergo Rigorous Imprisonment for one year each, respectively.

The jail sentence of the accused/appellants has already been suspended by the trial Court on 10.12.2015. Thereafter, jail sentence of accused/appellants has been suspended by this Court on 23.11.2015 and they have been enlarged

on bail.

Taking these facts into consideration and also looking to the fact that this appeal is pending since 2015, appeal is partly allowed. The conviction of the all appellant is affirmed, however, the sentence is reduced to the period already undergone by the appellants, subject to the condition that fine amount is enhanced from Rs.200/- (Rupees Two Hundred) each to Rs.500/- (Rupees Five Hundred) 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.