Asha Devi vs The State Of Madhya Pradesh
2024 Latest Caselaw 16297 MP

Madhya Pradesh High Court

Asha Devi vs The State Of Madhya Pradesh on 30 May, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                             1                            CRA-15602-2023
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                  ON THE 30 th OF MAY, 2024
                                            CRIMINAL APPEAL No. 15602 of 2023

                           BETWEEN:-
                           1.    ASHA DEVI W/O SHRENIKLAL MONNAT, AGED
                                 ABOUT    64 YEARS, OCCUPATION: BUSINESS
                                 PETLAWAD DISTRICT JHABUA, AT PRESENT
                                 BALAJI NAGAR, RATLAM (MADHYA PRADESH)

                           2.    SANDEEP S/O SHRENIKLAL MONNAT, AGED
                                 ABOUT    44 YEARS, OCCUPATION: BUSINESS
                                 PETLAWAD DISTRICT JHABUA AT PRESENT
                                 BALAJI NAGAR RATLAM (MADHYA PRADESH)

                                                                                        .....APPELLANTS
                           (SHRI ABHAY SARASWAT, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION PETLAWAD DIST.
                           JHABUA (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (MS. VINITA DWIVEDI PL )

                                 T h is appeal coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

1.Heard on IA No. 7721/2024, an application for modification of the final order dated 11.03.2024.

2.Learned counsel for the appellants confines his contention only to the default sentence awarded by the Trial Court under Section 420/34 of IPC wherein the fine amount was imposed Rs. One Lakh and default sentence was of one year RI. He requested that as this Court has already awarded Rs. One

2 CRA-15602-2023

Lakh for the criminal breach of Trust under Section 409 of IPC and default sentence was awarded only four months SI, the default sentence of appellants under section 420/34 of IPC, may also be reduced to four month SI in place of one year RI.

3.After considering the aforesaid submissions, prayer is allowed.

4.The default sentence of appellants under section 420/34 of IPC, is reduced to four month SI in place of one year RI but is clarified that default sentence cannot be concurrent.

5.Accordingly, the application stands allowed and disposed of.

6.This order shall be read conjointly with the judgment dated 11.03.2024.

(PREM NARAYAN SINGH) JUDGE VD