Manoj Kumar Saxena vs The State Of Madhya Pradesh
2023 Latest Caselaw 10242 MP

                                                           1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 5 th OF JULY, 2023
                                          CRIMINAL APPEAL No. 1314 of 2019

                         BETWEEN:-
                         MANOJ KUMAR SAXENA S/O LATE INDRASAHAY
                         SAXENA, AGED ABOUT 56 YEARS, RAJ SANSTHA GALI
                         NAI SADAK LASHKAR PS JANAKGANJ GWALIOR
                         (MADHYA PRADESH)

                                                                                       .....APPELLANT
                         (BY SHRI SUDHIR SINGH TOMAR, LEARNED COUNSEL FOR APPELLANT)

                         AND
                         THE STATE OF MADHYA PRADESH THE ADDITIONAL
                         DY. INSPECTOR GENEAL OF POLICE PS INDARGANJ
                         DISTT GWALIOR (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                         (BY SHRI PRAMOD PACHORI, LEARNED PUBLIC PROSECUTOR FOR
                         STATE)

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

This criminal appeal has been filed by the appellant against the judgment dated 31.12.2018 passed by Eighth Additional Sessions Judge Gwalior in S.T. No.235/2013 by which learned Sessions Judge convicted the appellant for offence under Section 420 of IPC and sentenced to undergo three years R.I. with fine of Rs.500/-, under Section 467 of IPC and sentenced to undergo five years R.I. with fine of Rs.500/-, under Section 468 of IPC and sentenced to undergo three years R.I. with fine of Rs.500/- and under Section 471 of IPC and sentenced to undergo five years R.I. with fine of Rs.500/- with default Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/5/2023 6:45:36 PM

stipulation.

Learned counsel for the appellant does not challenge the finding of conviction but since the occurrence has taken place as back as in the year 2013, the appellant is facing judicial proceedings for the last 10 years, appellant has suffered custody period of about more than four years and ten months and fine amount has already been deposited by him, therefore, it is prayed that the sentence awarded to the appellant for the aforesaid offences may be reduced to the period already undergone by him.

O n the other hand, the learned counsel for the State opposed the submissions made by learned counsel for the appellant and submitted that there

is neither any occasion to interfere with the sentence awarded to the accused- appellant nor any compassion or sympathy is called for in the said case.

It is not in dispute that occurrence has taken place as back as in the year 2013, appellant is facing judicial proceedings for the last 10 years, appellant has suffered custody period of about more than four years and ten months and so also suffered the agony and trauma of protracted trial, the fine amount has already been deposited by him, thus, looking to overall circumstances and keeping in view that the offence in question was committed nearly 10 years back, it will be just and proper if the sentence awarded by the trial Court for the aforesaid offences is reduced to the period already undergone by him.

Accordingly, appeal is partly allowed. While maintaining the appellant's conviction for aforesaid offence, the sentence awarded to the appellant is hereby reduced to the period already undergone by him. Appellant is in jail, he be released forthwith if not required in any other case.

With the aforesaid, the appeal stands disposed of.

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/5/2023 6:45:36 PM

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/5/2023 6:45:36 PM