Santosh @ Kalla vs The State Of Madhya Pradesh
2023 Latest Caselaw 2270 MP

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                          IN     THE       HIGH         COURT OF MADHYA                      PRADESH
                                                          AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 8 th OF FEBRUARY, 2023
                                             CRIMINAL APPEAL No. 1824 of 2023

                          BETWEEN:-
                          SANTOSH @ KALLA S/O BABULAL HARIJAN, AGED
                          ABOUT 38 YEARS, OCCUPATION: SERVICE RAJJEV
                          NAGAR HARIJAN MOHLLA NEEMUCH POLICE
                          NEEMUCH KANT TESHIL AND DISTRICT NEEMUCH
                          (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          (BY SHRI JITENDRA MANDLOI-ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION NEEMUCH KANT DISTRICT NEEMUCH.
                          (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                            (BY SHRI MUKESH SHARMA-G.A.)

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

Appeal is heard finally with the consent of parties.

The present Appeal is filed under section 374 of Cr.P.C. being aggrieved by the

judgment of conviction and sentence dated 23.1.2023 passed by I ASJ, Neemuch

in ST No.45/2021 whereby the appellant has been convicted for the offence

under section 324 IPC and sentenced to undergo 2 years RI with fine of

Rs.1,000/- with default stipulation.

Counsel for appellant submits that appellant has already undergone actual jail

sentence of 18 months out of two years jail sentence. Thus, he has already

undergone substantial jail sentence awarded by the trial court. Incident had taken Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 09-Feb-23 10:34:08 AM

place on 8.7.2021. Appellant remained in jail from the date of arrest.

Upon perusal of the judgment of trial court, it is clear that appellant has already

undergone substantial jail sentence and no purpose would be served in keeping the

appeal pending, and therefore, the jail sentence of the appellant is reduced to the

period already undergone and fine amount is enhanced from Rs.1,000/- to

Rs.2,000/- which shall be deposited with the trial court within 15 days from today.

Out of Rs.2,000/-, Rs.1,000/- shall be paid to the victim by the trial court. The

appellant shall be released from jail subject to depositing the fine amount within

the aforesaid period, if not required in any other case. In case the appellant fails to

deposit the aforesaid enhanced fine amount within the aforesaid period, the

appellant shall undergo the sentence as awarded by the trial court.

In view of aforesaid, the appeal is allowed in part. Conviction is maintained, however the sentence is reduced to the period already undergone with enhancement of fine amount as stated above. Cc. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 09-Feb-23 10:34:08 AM