Ramraj Singh Bhadoriya vs The State Of M.P,
2023 Latest Caselaw 3716 MP

                                                            1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 2 nd OF MARCH, 2023
                                           CRIMINAL APPEAL No. 582 of 2005

                         BETWEEN:-
                         RAMRAJ SINGH BHADORIYA S/O JAWAHAR SINGH
                         BHADORIYA, AGED ABOUT 24 YEARS, SINDHIYA
                         NAGAR, BAHODAPUR DISTRICT GWALIOR (MADHYA
                         PRADESH)

                                                                                      .....APPELLANT
                         (BY SHRI ARVIND DWIVEDI-ADVOCATE )

                         AND
                         THE STATE OF M.P, INCHARGE POLICE STATTION
                         THRU. P.S. BAHODAPUR DISTRICT GWALIOR (MADHYA
                         PRADESH)

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

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

With consent of both the parties heard finally. Instant Criminal Appeal under Section 374 of CrPC has been preferred b y appellant against the judgment of conviction and order of sentence dated 31.08.2005 passed by Additional Sessions Judge (NDPS) Gwalior whereby the learned trial Court convicted the appellant-accused for offence under Section 498-A of IPC and sentenced him to undergo 11 months' rigorous imprisonment with fine of Rs.500/- and in default of payment of fine, ten days' additional rigorous imprisonment.

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/2/2023 6:53:33 PM

Learned counsel for the appellant submitted that he does not want to challenge the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellant that appellant is facing agony of trial for the last 18 years. At the time of conviction, petitioner was 23 years of age. He has already suffered 11 months of custody. Therefore, sentence of the appellant be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case and the fact that appellant has already suffered 11 months of imprisonment and he is facing

agony of trial for the last 18 years, while affirming the conviction of the appellant under Section 498-A of IPC, his sentence is reduced to the period already undergone by him.

With the aforesaid modification in the sentence, the criminal appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/2/2023 6:53:33 PM