Shakil vs The State Of M.P.
2023 Latest Caselaw 3053 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                          BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
               ON THE 22th OF FEBRUARY, 2023
             CRIMINAL APPEAL NO.298 OF 2005

       BETWEEN:-

1.     SHAKIL S/O AKBAR KHAN, AGED ABOUT
       24 YEARS, R/O DANDA MOHALLA MOHNA
       DISTRICT GWALIOR (MADHYA PRADESH)

2.     ARIF S/O IQWAL KHAN, AGED ABOUT 23
       YEARS, R/O VILLAGE MOHNA DISTRICT
       GWALIOR (MADHYA PRADESH)

                                                                ........APPELLANTS
       (BY SHRI PRABHAKAR KUSHWAH- ADVOCATE)

       AND

       THE STATE OF M.P. INCHARGE POLICE
       STATION POLICE STATION GASWANI
       DISTRICT SHEOPUR (MADHYA PRADESH)
                                                               ........RESPONDENT

       (BY SHRI C.P. SINGH- PANEL LAWYER)

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

This criminal appeal under section 389 of CrPC has been filed by the appellants against the judgment dated 28.04.2005 passed by Special Judge (MPDVPK Act) Sheopur (M.P.) in Special Case No.07/2004 by which appellants have been convicted for the offence punishable under Section 399 of IPC and sentenced them to undergo five years R.I. with

fine of Rs.500/-, under Section 400 of IPC and sentenced them to undergo five years R.I. with fine of Rs.500/-, under Section 402 of IPC and sentenced them to undergo five years R.I. with fine of Rs.500/- and under Section 25 (1-b) of Arms Act and sentenced them to undergo three years R.I. with fine of Rs.500/- with default stipulation.

In brief case of the prosecution is that on 03.03.2004, Station House Officer of Police Station Gaswani got a secret information that in one Tata Sumo vehicle 10 miscreants having weapons are sitting who are making preparations to commit dacoity in the house of one Babu Shah who is residing at Vijaypur. The police party reached at the spot and saw the said vehicle standing there. On seeing police party, all the miscreants except appellants Shakil and Arif fled away. On being searched the vehicle, one bag containing six 315 bore country made pistols out of which three pistols were loaded with cartridges, eight live cartridges of 315 bore, four country-made bombs, one plastic bottle containing two liters petrol, fifteen ropes and one cello tape were found. Appellants were arrested. Aforesaid articles/weapons were seized. Crime No.19/2004 for the offence punishable under Sections 399, 402 of IPC, 25, 27 of Arms Act, 4/5 of Explosive Substances Act and 11/13 of MPDVPK Act was registered. Statements were recorded. After conclusion of trial, learned trial Court convicted the appellants for the offence punishable under Sections 399, 400, 402 of IPC and 25 (1-b) of Arms Act.

Learned counsel for the appellants submits that incident is of the year 2004 and more than 18 years and 11 months have lapsed. Appellants have suffered about 15 months of incarceration as against five years of sentence awarded. No offence has been committed by the

appellants by the seized weapons. The appellants were allegedly making preparations to commit dacoity. Learned counsel for the appellants does not want to press this criminal appeal on merits and confined his argument only to the point of sentence and prays that the sentence awarded to them modified to the extent that period already undergone by them would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the petition has submitted that the learned trial Court has arrived on the appropriate findings and rightly passed the impugned judgment of conviction and sentence. Hence, no interference is warranted.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellants to the period already undergone by them, however the fine is enhanced from Rs.500/- to Rs.10,000/- against each of the appellants for the offence under Section 399, 400, 402 of IPC and 25(1-b) of Arms Act.

Accordingly, while affirming the conviction of the appellants under Section 399, 400, 402 of IPC and 25(1-b) of Arms Act, jail sentence of the appellants is reduced to the period already undergone by them but fine amount is enhanced from Rs.500/- to Rs.10,000/- against each of the appellants which shall be deposited by them before the trial Court within a period of one month from today. Their bail bonds shall discharge only after deposition of the amount of fine in the Trial Court on or before 23rd March, 2023 failing which the learned Trial Court shall send them to jail to suffer the remaining part of the sentence. It is, however, made clear that in case appellants fail to deposit the fine amount the learned Trial Court shall issue notice to their sureties and may proceed against them in accordance with law. However, in case

appellants deposit the amount of fine on or before the stipulated date i.e. 23.03.2023, their bail bonds shall stand discharged.

This appeal is accordingly allowed in part to the extent indicated herein-above.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Digitally signed by YOGENDRA OJHA Date: 2023.02.22 18:19:23 +05'30'