Satish vs The State Of Madhya Pradesh
2023 Latest Caselaw 7455 MP

                                                          1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 8 th OF MAY, 2023
                                          CRIMINAL APPEAL No. 4778 of 2021

                         BETWEEN:-
                         SATISH S/O SHRI MURARI KUSHWAH, AGED ABOUT 39
                         YEARS, RESIDENT OF UMARIYA KA PURA P.S DIMANI
                         DISTRICT MORENA (MADHYA PRADESH)

                                                                                      .....APPELLANT
                         (SHRI RAMKESH SINGH GURJAR, LEARNED COUNSEL FOR THE
                         APPLICANT)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION DIMANI, DISTRICT MORENA (MADHYA
                         PRADESH)

                                                                                     .....RESPONDENT
                         (SHRI VPS TOMAR- LEARNED COUNSEL FOR THE RESPONDENT- STATE)

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

IA 7665 of 2023 for recalling the non-bailable warrant issued against the appellant by this Court vide order dated 28-03-2023 is hereby allowed for the reasons mentioned therein. The appellant is present in person, marked his appearance and he is duly identified by his Counsel. Accordingly, IA 234 of 2023 application for condonation of absence of appellant stands closed and absence of appellant before the Registry of this Court on 13-12-2022 is hereby condoned.

The present criminal appeal under Section 374(2) of CrPC filed on behalf Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM

of present appellant is directed against the judgment of conviction and order of sentence dated 07-08-2021 passed by First Additional Sessions Judge, Ambah, District Morena in Sessions Trial No.100289 of 2011 whereby the appellant has been convicted under Section 363 of IPC and sentenced to undergo three years RI with fine of Rs.2,000/- with default stipulation.

Learned counsel for the present appellant accused submitted that he does not want to challenge the conviction of appellant for aforesaid offence. As regards sentence, it is submitted that the incident took place in the yer 2011 and appellant has been facing agony of trial for the last near about 12 years. He has already suffered incarceration of near about six months. Amount of fine has

been deposited by appellant on the date of passing of impugned judgment i.e. 07-08-2021. Therefore, it is prayed that while enhancing fine amount suitably, the jail sentence of 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 impugned judgment.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing jail sentence of appellant to the period already undergone by him, the fine amount is enhanced to Rs.25,000/- under Section 363 of IPC. Accordingly, while affirming conviction of appellant under Section 363 of IPC, jail sentence of appellant is reduced to the period already undergone by him and the fine amount is enhanced to Rs.25,000/- which shall be deposited by him on adjustment of fine amount already deposited by him before the Court below within a period of two months from today failing which appellant shall undergo further three months RI as awarded by trial Court. Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM

With aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM