Balram vs The State Of M.P.
2023 Latest Caselaw 706 MP

                                                                     1
                                   IN     THE       HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                            BEFORE
                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                       ON THE 11 th OF JANUARY, 2023
                                                     CRIMINAL APPEAL No. 926 of 2000

                                  BETWEEN:-
                                  BALRAM @ BALLU S/o JAWANSINGH, AGED 24 YEARS,
                                  R/O MALIPURA, P.S. BAGLI, DISTRICT DEWAS
                                  (MADHYA PRADESH)

                                                                                                   .....APPELLANT
                                  (BY SHRI MUKESH PARWAL-ADVOCATE)

                                  AND
                                  THE STATE OF M.P. THROUGH P.S. BAGLI, DISTRICT
                                  DEWAS (MADHYA PRADESH)

                                                                                                 .....RESPONDENT
                                  (BY MS. MAMTA SHANDILYA-G.A.)

                                        T h is appeal coming on for orders this day, t h e cou rt passed the
                                  following:
                                                                      ORDER

The present appeal is filed under section 374(2) Cr.P.C. being aggrieved

by the judgment dated 24.1.2000 passed in S.T.No. 101/99 convicting the accused under section 308 IPC and sentenced to undergo RI for 4 years with fine of Rs.4,000/- and in default of fine, to further undergo RI for six months.

Counsel for the appellant submits that incident had taken place in the year 1999 and the appellant was on bail during trial and after conviction, his jail sentence has been suspended. The appellant has already undergone jail sentence of more than 400 days. No purpose would be served in sending the appellant to jail after a prolong period of 23 years. It is prayed that jail sentence of the Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11-Jan-23 5:19:58 PM

appellant may be reduced to the period already undergone and in lieu thereof, fine amount may be reasonably enhanced and substantial part of fine amount may be directed to be paid to the complainant.

After hearing learned counsel for appellant and taking into consideration that incident had taken place in the year 1999 and appellant has already undergone jail sentence of more than 400 days and no purpose would be served in sending the appellant to jail after a long period of 22 years, in the interest of justice, it would be appropriate that while maintaining the conviction the fine amount may be enhanced from Rs.4,000/- to Rs.10,000/-.

In view of aforesaid, Criminal Appeal is allowed in part. Conviction of

the appellant is maintained, however the sentence is reduced to the period already undergone subject to depositing the enhanced fine amount within a period of 30 days from today before the trial court which shall be paid to the complainant-Pappu. The earlier deposited fine amount be adjusted in it.

If the appellant fails to deposit the enhanced fine amount before the trial court within the aforesaid period, the appellant shall serve the sentence awarded by the trial court.

With the aforesaid, the appeal stands disposed of.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11-Jan-23 5:19:58 PM