Dhanraj @ Bachha Harijan vs The State Of Madhya Pradesh
2023 Latest Caselaw 682 MP

                                                             1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                              ON THE 11 th OF JANUARY, 2023
                                           CRIMINAL APPEAL No. 5334 of 2022

                          BETWEEN:-
                          1.    DHANRAJ @ BACHHA HARIJAN S/O SHRI SAJNA
                                HARIJAN, AGED ABOUT 33 YEARS, R/O
                                MUNDIKHOLI POLICE STATION NOUROZABAD
                                DISTRICT UMARIYA (M.P.)

                          2.    SHIVAM @ SOM HARIJAN S/O SHRI MUNUVA
                                HARIJAN, AGED ABOUT 23 YEARS, OCCUPATION:
                                LABOUR R/O WARD NO. 02 MUNDIKHOLI P.S.
                                NOUROZABAD DISTRICT UMARIA (M.P.)

                                                                                          .....APPELLANTS
                          (BY SHRI RAJENDRA YADAV - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION NOUROZABAD DISTRICT UMARIYA (M.P.)

                                                                                         .....RESPONDENT
                          (BY SHRI SANDEEP VYAS - PANEL LAWYER )

                                This appeal coming on for admission this day, th e court passed the

                          following:
                                                              ORDER

Learned counsel for appellants wants to withdraw I.A. No. 11430/2022 filed on behalf of the appellants for suspension of sentence, it is hereby dismissed as withdrawn.

2. With the consent of parties, appeal is finally heard.

3. This criminal appeal is preferred under section 374 (2) of Cr.P.C. by the appellants being aggrieved by the judgment dated 18.05.2022 passed by Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/13/2023 6:38:35 PM

Ist Additional Session Judge, Umaria in S.T. No. 06/2021 whereby the appellants have been convicted for the offence punishable under Section 379 of IPC each and sentenced to undergo R.I. for 3 years each and fine of Rs. 10,000/- with default stipulation.

4. As per prosecution, the appellants along with other co-accused have snatched the bag containing more than Rs.1,07,217/- and a Lenovo Tab Mobile worth of Rs. 14,000/- from the complainant and ran away.

3. Learned counsel appearing on behalf of appellants submits that he is not challenging the finding of conviction recorded by the trial court and his only prayer is that the appellants have already suffered the jail sentence of about 2

years 2 months out of three years. It is pertinent to note that this appeal is of the year 2022 and final hearing of this appeal is not possible in near future, it would be appropriate to reduce the sentence as already undergone, looking to the fact and circumstances of the case. Thus, the ends of justice would be met if the jail sentence of the appellants is reduced to the period already undergone by them.

4. Learned counsel for the State has justified and supported the conviction and sentence passed by trial Court.

5. I have heard the learned counsel for the parties and gone through the material available on record along with the impugned judgment. It would be in the interest of justice, if the jail sentence of the appellants is reduced to the period already undergone by them by enhancing the fine amount.

6. Consequently, the appeal is partly allowed. The conviction of the appellants recorded by the trial Court under 379 of IPC is hereby affirmed. However, the jail sentence is reduced to the period already undergone with enhanced fine of Rs. 15,000/- each and out of this amount Rs. 10,000/-shall be Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/13/2023 6:38:35 PM

paid to the complainant as compensation. Appellants are in jail, they be released forthwith, if their custody is not required in any other case.

7. The appellants are directed to deposit the enhanced fine amount within a period of 90 days from today, failing which, he has to undergo the sentence awarded by the trial court.

8. Let record of the trial Court be sent back along with a copy of this order for information and necessary action.

9. Appeal is finally disposed off.

(RAJENDRA KUMAR (VERMA)) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/13/2023 6:38:35 PM