Koksingh Maghaya vs The State Of Madhya Pradesh
2024 Latest Caselaw 3314 MP

Madhya Pradesh High Court

Koksingh Maghaya vs The State Of Madhya Pradesh on 5 February, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                               ON THE 5 th OF FEBRUARY, 2024
                                          MISC. CRIMINAL CASE No. 4749 of 2024

                           BETWEEN:-
                           KOKSINGH MAGHAYA S/O SHRI JAYDAYAL MAGHAYA,
                           AGED      ABOUT     72     YEARS, OCCUPATION:
                           AGRICULTURIST R/O WARD NO.11 BHITARWAR
                           DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI AMIT BANSAL - ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION BHITARWAR DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

1. The instant petition under Section 482 of Cr.P.C. is preferred by the petitioner seeking modification/correction in the order dated 29-12-2023 passed by the Coordinate Bench in Cr.A.No.718/2016.

2. According to learned counsel for the petitioner, the petitioner was convicted under Sections 294 and 352 of IPC and vide impugned order dated 29-12-2023 the Coordinate Bench while maintaining the conviction of petitioner reduced the jail sentence of the petitioner by enhancing the fine amount from Rs.500/- to Rs.5,000/- but in para 4 of the impugned judgment, it has been

mentioned that "but for the offence under Section 352 of IPC can be maintained". This portion of the impugned order is creating confusion, therefore, needs to be modified.

3. Learned counsel for the respondents/State opposed the prayer but could not dispute the fact that petitioner was given the benefit of reduction of jail sentence on the ground of enhancement of fine amount.

4. Considering the submissions advanced by learned counsel for the parties and from perusal of impugned order it appears that petitioner's jail sentence has been reduced while enhancing the fine amount from Rs.500 to Rs.5,000/-. Therefore, in the interest of justice, the order impugned is modified

to the extent that petitioner is given the benefit of reduction of jail sentence in both the offences i.e. 294 and 352 of IPC on payment of enhanced fine amount of Rs.5,000/-. Rest of the order impugned shall remain intact.

5. Petition stands disposed of in above terms.

(ANAND PATHAK) JUDGE Anil*