Sahab Singh vs The State Of Madhya Pradesh Thr.
2023 Latest Caselaw 22701 MP

Madhya Pradesh High Court

Sahab Singh 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 28 th OF DECEMBER, 2023
                                                  CRIMINAL APPEAL No. 615 of 2015

                           BETWEEN:-
                           SAHAB SINGH S/O SHRI KAPTAN SINGH GURJAR, AGED
                           60 YEARS, R/O GRAM BUDHAWALI PS. BAGCHINI
                           DISTRICT MORENA (MADHYA PRADESH)

                                                                                         .....APPELLANT
                           (BY SHRI S.P.S. KUSHWAH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION BAGCHINI DISTRICT MORENA (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (BY MRS.KALPANA PARMAR - PANEL LAWYER)

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

1. This criminal appeal under Section 374 of Cr.P.C. has been filed by

the appellant against the judgment of conviction and order of sentence dated 29.06.2015 passed by learned First Additional Sessions Judge, District Morena in S.T.No.08/2015, whereby the trial Court has acquitted the present appellant- Sahab Singh and co-accused persons- Vishambar, Bhura @ Ramnaresh, Satendra Singh, Vinod, Ballu Gurjar under Sections 148, 307/149, 307(part-

1)/149 but has convicted the appellant-Sahab Singh under Section 25(1-b)(a) of Arms Act and sentenced to undergo one year RI with fine of Rs.10,000/-, with

default stipulation.

2. Learned counsel for the appellant submits that appellant remained in custody for 5 days. Although this appeal has been filed on merits but today, learned counsel for the appellant pressed the appeal only regarding sentence part is concerned and do not press the conviction part as mentioned above.

3. Learned counsel for the State has no objection if sentence of appellants is converted to undergone.

4. Heard learned counsel for both the parties and perused the record.

5. Considering the aforesaid facts and looking to the nature of offence, this Court is of the considered view that the ends of justice would be met if the jail sentence awarded to the appellant is set aside while retaining the fine amount.

Accordingly, the appeal deserves to be partly allowed. While maintaining the appellant's conviction for offence under Section 25(1-b)(a) of Arms Act, the sentence awarded to him is hereby reduced to the period already undergone by him which is of 5 days. The fine amount imposed by the trial Court for offence under Section 25(1-b)(a) of Arms Act is not disturbed. The appellant is set free and his bail bonds and surety bonds, if any, are discharged.

6. Accordingly, this appeal is disposed of and rest of the impugned judgment is kept intact.

7. Let a copy of this order be sent to the trial Court concerned for information.

(AVANINDRA KUMAR SINGH) V. JUDGE Adnan