Ajay @ Ajju Patel vs The State Of Madhya Pradesh
2024 Latest Caselaw 5482 MP

Madhya Pradesh High Court

Ajay @ Ajju Patel vs The State Of Madhya Pradesh on 22 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                             1
                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                              ON THE 22 nd OF FEBRUARY, 2024
                                            CRIMINAL APPEAL No. 5690 of 2022

                          BETWEEN:-
                          AJAY @ AJJU PATEL S/O RAMPRASAD PATEL, AGED
                          ABOUT 40 YEARS, OCCUPATION: LABOUR PRAJAPATI
                          MOHALLA VILLAGE NAYAGAON POLICE STATION
                          THEMI DISTRICT NARSINGHPUR M.P. (MADHYA
                          PRADESH)

                                                                                          .....APPELLANT
                          (BY SHRI D.K. SONI - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION THEMI DISTRICT NARSINGHPUR M.P.
                          (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI SUNIL RAO - ADVOCATE)

                                 Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                              ORDER

This appeal has been filed by the appellant under Section 374 of the Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated 10.06.2022 passed by Special Judge, District Narsinghpur in S.T. No. 228/2021 whereby t h e appellant has been convicted under Section 326 of IPC and sentenced him to R.I. for 5 years with fine of Rs.2000/-, with default stipulations.

2. The counsel for the appellant submits that the appellant do not want to press his conviction recorded by the trial Court, however, it is submitted that

the ends of justice would be met, if the jail sentence of the appellant is reduced to the period already undergone.

3. Per contra, learned counsel for the State has supported the conviction and sentence recorded by the trial Court.

4. Having heard the submissions advanced on behalf of the parties and on perusal of the impugned judgment and other material on record, since counsel for the appellant has not pressed upon the conviction of the appellant, therefore, the conviction of the appellant under Section 326 of IPC is hereby affirmed.

5. So far as sentence is concerned, the incident took place 2 years ago, in

the considered view of this Court, no fruitful purpose is going to be served by again sending the appellant to the jail after about 2 years of the incident, therefore, it would be in the interest of justice if the jail sentence of the appellant is reduced to the period already undergone and fine amount is enhanced.

6. Consequently, the appeal is partly allowed. The conviction of the appellant recorded by the trial Court under Sections 326 of IPC is hereby affirmed. The jail sentence of the appellant is reduced to the period already undergone and fine amount is enhanced from Rs.2000/- to Rs.4000/-.

7. The appellant is directed to deposit the remaining fine amount before the trial Court concerned within 15 days from today. The appellant is on bail, his bail bonds and surety bonds stand discharged subject to deposit of aforesaid fine amount.

8. Record of the trial Court be sent back immediately along with a copy of this judgment for information and necessary action.

(MANINDER S. BHATTI) JUDGE mn