Bharat Singh Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21585 MP

Madhya Pradesh High Court

Bharat Singh Gurjar 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. 705 of 2015

                           BETWEEN:-
                           1.    BHARAT SINGH GURJAR S/O GHASHIRAM, AGED
                                 ABOUT 45 YEARS, GRAM INDERPURA P.S.
                                 BAIRASIYA BHOPAL (MADHYA PRADESH)

                           2.    SARJAN SINGH GIRJAR S/O BHARAT SINGH,
                                 AGED  ABOUT   33 YEARS, DISTT. BHOPAL
                                 (MADHYA PRADESH)

                           3.    SOUNATH SINGH S/O BHARAT SINGH GURJAR,
                                 AGED ABOUT 18 YEARS, SADAR, DISTT. BHOPAL
                                 (MADHYA PRADESH)

                                                                                      .....APPELLANTS
                           (BY SHRI R.S. VERMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THR. P.S. BAIRASIYA
                           BHOPAL (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (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 27.02.2015, passed by learned XIV Additional Sessions Judge, Bhopal (M.P.), in S.T.No.709/2011, whereby, learned trial Court convicted the appellants No. 1 & 3 guilty of committing offence under Section 326/34 of Indian Penal Code and has awarded sentence of one year Rigorous Imprisonment with fine of

Rs.1000/- and appellant No.2 is guilty of offence under Section 326 of IPC and sentenced him to undergo Rigorous Imprisonment for one year with fine of Rs.1000/- on each count, with default stipulation. .

Appellant-Bharat Singh remained in custody from 01.7.2011 to 14.07.2011, appellant-Sarjan Singh remained in custody from 11.07.2011 to 14.07.2011 and appellant Sounath Singh remained in custody from 05.08.2011 to 09.08.2011.

Taking these facts into consideration and considering the period of custody 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.1,000/- (Rupees One Thousand) each to Rs.2,000/- (Rupees Two 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.