Luv Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 22706 MP

Madhya Pradesh High Court

Luv Sharma vs The State Of Madhya Pradesh 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. 204 of 2015

                           BETWEEN:-
                           LUV SHARMA S/O SUBHASH SHARMA, AGED 24 YEARS,
                           R/O VILLAGE SALEPUR, P.S. SAPEUN, DISTT. DHAULPUR
                           (RAJASTHAN)

                                                                                         .....APPELLANT
                           (BY SHRI ANIL SHARMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOLARAS, DISTT. SHIVPURI (MADHYA
                           PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI ALOK SHARMA - 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 25.02.2015 passed by learned Sessions Judge, District Shivpuri in S.T.No.268/2013, whereby the trial Court has acquitted the appellant under Sections 308 and 203 IPC alongwith Section 27 of Arms Act but has convicted him under Section 25 (1-b)(a) of Arms Act and sentence to undergo one year RI with fine of Rs.2,000/-, with default stipulation.

2 . Learned counsel for the appellant submits that appellant is the first

offender and remained in custody for 14 days. He further submits that his only

prayer is that fine amount may be enhanced.

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

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

5. Looking to the facts and circumstances of the case and perusal of record and in considered view of this Court, conviction is affirmed but on the point of sentence, this appeal is partly allowed on the basis of sentence undergone which is of 14 days, by setting aside jail sentence of the appellant, fine amount under Section 25 (1-b)(a) of Arms Act is enhanced from Rs.2,000/- to Rs.5,000/- and if fine amount as imposed by the trial Court has already been

deposited by the appellant, same be adjusted. If appellant deposit fine amount as directed hereinabove within a period of 30 days from the date of receipt of certified copy of this order, as the jail sentence of appellant has already been suspended, his bail bonds shall stand discharged and if he fails to deposit the fine amount, he has to undergo total jail sentence of four months.

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