Bhanvar Singh Meena vs The State Of Madhya Pradesh Thr.
2023 Latest Caselaw 22700 MP

Madhya Pradesh High Court

Bhanvar Singh Meena vs The State Of Madhya Pradesh Thr. on 28 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                              1

           IN THE HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                                        BEFORE
         HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                       ON THE 28th OF DECEMBER, 2023

                      CRIMINAL APPEAL NO.788 OF 2015

   BETWEEN:-

   BHANVAR     SINGH   MEENA,    S/O SHRI
   GORISHANKAR MEENA, AGED 45 YEARS, R/O
   AANKHKHEDI, POLICE STATIAON- KUMBHRAJ,
   DISTRICT- GUNA (MADHYA PRADESH)

                                                                       ........APPELLANT

  (BY SHRI S.S. RAJPUT- ADVOCATE ON BEHALF OF SHRI SHISHIR SAXENA-
ADVOCATE)

    AND

    STATE OF M.P. THROUGH POLICE STATION-
    KUMBHRAJ,   DISTRICT- GUNA   (MADHYA
    PRADESH)

                                                                     ........RESPONDENT

   (BY SMT. KALPANA PARMAR- PANEL LAWYER)
---------------------------------------------------------------------------------------------
       This appeal coming on for orders this day, the Court passed the
following:
                                         ORDER

This appeal is pending since 2015. This appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 19/08/2015 passed by Special Judge (Atrocities Act)/Additional Sessions Judge, District- Guna (M.P.) in S.S.T. No.08/2013, whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 323 of IPC 1 Month RI 1000/- 7 days RI

2. Learned counsel for the appellant submits that appellant has already been acquitted by the trial Court from the offence under Section 506-B of IPC and Section 3(1)(10) of SC/ST Act and appellant remained in custody for 9 days. Incident is of the year 2012 and more than 11 years have lapsed. Learned counsel for the appellant by not pressing on conviction confined his argument only to the point of sentence and prays that the sentence awarded to him be modified to the extent that period already undergone by him would be sufficient to meet the ends of justice.

3. Learned counsel for the respondent/State has no objection to the prayer made by the counsel for the appellant.

3. After hearing learned counsel for the parties and looking to the facts and circumstances of the case, present appeal stands disposed of with direction that conviction of appellant as awarded by the trial Court is maintained and sentence is reduced to the period already undergone by him i.e. 9 days. Rest of the impugned judgment is kept intact. If appellant is on bail, his bail bonds shall stand discharged subject to depositing the fine amount.

5. In view of the above, this appeal is finally disposed of.

6. Let a copy of this order be sent alongwith the record to the concerned Court for necessary compliance.

(AVANINDRA KUMAR SINGH)

V. JUDGE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH

RAHUL SINGH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=eac942476567cd1b39b3da46068403462fd f82ab676d0cde4dee473fe77953f5,

PARIHAR rahul postalCode=474001, st=Madhya Pradesh, serialNumber=0275C4F803F94C47998BE5C534E21 BDED910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.12.29 11:22:27 +05'30'