Manoj Pathak vs The State Of Madhya Pradesh
2023 Latest Caselaw 22421 MP

Madhya Pradesh High Court

Manoj Pathak vs The State Of Madhya Pradesh on 26 December, 2023

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                               ON THE 26 th OF DECEMBER, 2023
                                               CRIMINAL APPEAL No. 816 of 2018

                           BETWEEN:-
                           MANOJ PATHAK S/O LATE TRILOKNATH PATHAK,
                           AGED ABOUT 39 YEARS, R/O. BIJASEN WARD
                           GADARWARA, DISTRICT-NARSINGHPUR (MADHYA
                           PRADESH)

                                                                                         .....APPELLANT
                           (BY SHRI DHIRYAKANT DUBEY - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGHT POLICE
                           STATION GADARWARA DISTRICT- NARSINGHPUR
                           (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI SANDEEP KUMAR DUBEY - PANEL LAWYER )

                                 This appeal coming on for final hearing this day, the court passed the
                           following:
                                                                ORDER

This appeal is filed, being aggrieved of judgment dated 17.01.2018, passed by IInd Additional Sessions Judge, Gadarwara, District-Narsinghpur in Sessions Case No.70/2010, whereby, learned trial Court convicted the appellant for commission of offences punishable under Sections 332 of Indian Penal Code and has awarded sentence to undergo rigorous imprisonment for one year with fine of Rs.5,000/- with default stipulation.

2. The case of prosecution in short is that on 24.11.2009 at about 14.00 p.m., complainant Babulal, who is Grade-III and posted at Municipal

Corporation Gadarwara was working at his office, at that time, appellant came there and asked for pension form but the complainant has refused him for the same and stated that election work is going on and form has not come from Bhopal, thereafter, appellant thrown the plastic stool to the complainant, as a result, complainant sustained injuries. After that, the case has been registered against the appellant.

3 . Learned counsel for the appellant submits that judgment, conviction, sentence, findings are bad in law and procedure, contrary to material on record, based on no evidence, absolutely perverse, therefore, liable to be set-aside and appellant deserve for acquittal and appellant is facing criminal proceedings

since last 14 years, therefore, no useful purpose would be served to again send the accused/ appellant in jail.

4. On the other hand, learned Panel Lawyer for the State opposes the prayer of appellant's counsel.

5. The jail sentence of the accused/appellant had already been suspended by the trial Court. Thereafter, jail sentence of accused/appellants has been suspended by this Court on 02.02.2018 and he has been enlarged on bail.

6. Taking these facts into consideration and considering the period of custody and also looking to the fact that this appeal is pending since 2018, appeal is partly allowed.

7. The conviction of the appellant is affirmed, as the jail sentence is not compulsory as per law under Section 332 of the IPC. However, the fine amount of Rs.5,000/- (Rupees Five thousand), is enhanced to Rs.20,000/- (Rupees Twenty Thousand) which shall be deposited by the appellant before the trial Court within a period of two months from the date of receipt of the certified copy of the order passed today, in default, the appellant shall undergo Simple

Imprisonment for a period of six months and on fine being deposited of Rs.10,000/- shall be paid to the complainant/victim Babulal S/o Nanthanlal as compensation.

8. The appellant is on bail, his bail bonds are hereby discharged subject to payment of enhanced fine amount.

9. In above terms, appeal is partly allowed and disposed.

10. Let record of the trial Court be sent back along with a copy of this order for information and necessary action.

(DEVNARAYAN MISHRA) V. JUDGE vai