Madhya Pradesh High Court
Mohan Singh vs State Of M.P. on 26 August, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:19430
1 CRA-1002-2013
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 26th OF AUGUST, 2025
CRIMINAL APPEAL No. 1002 of 2013
MOHAN SINGH
Versus
STATE OF M.P.
Appearance:
Shri Kuber Boddh, Advocate appeared through Legal Aid.
Shri Anurag Sharma, Public Prosecutor for State.
ORDER
Nobody appeared on behalf of the appellant.
This criminal appeal is pending since 2013, therefore, in the interest of
justice, Shri Kuber Boddh, Advocate, who is present in the Court and his
name is in the panel of Legal Aid Committee, Gwalior, is appointed as
counsel for the appellant.
2. Appellant has preferred this criminal appeal under Section 374 of
Code of Criminal Procedure (in short "Cr.P.C.") being aggrieved by the
impugned judgment dated 07.09.2013 passed by 3rd Additional Sessions
Judge, Guna in Sessions Trial No.190/2013, whereby the appellant has been
convicted under Section 392 of Indian Penal Code (in short "IPC") and
sentenced to undergo 7 years RI with fine of Rs.200/- with usual default
stipulations.
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2 CRA-1002-2013
3. Brief facts of the case are that on 2.6.2013 at about 9 PM
complainant Naresh Dhakad alongwith his friend Hari Singh was going to
Guna on his motorcycle bearing Registration No.MP08 MD 9915. When
they reached nearby Mahugada Railway Gate, at that time, accused stopped
their motorcycle as railway gate was closed. At that time, appellant came
there with stick and threatened them that he is having katta and he will fired
upon them. Due to fear, complainant and his friend stood there quietly.
Appellant/accused fled away from there after stealing their motorcycle.
Complainant Naresh lodged an FIR at Police Station Thana Cantt, District
Guna. Accordingly, offence has been registered against the accused person.
4. After completion of investigation, charge-sheet has been filed
before the JMFC, Guna who has committed the case to the Court of Session.
The Trial Court has framed charges under Sections 392 of IPC against the
appellant/accused persons.
5. Appellant abjured his guilt and pleaded complete innocence.
Prosecution has examined as many as 5 witnesses, while defence did not
examine any witness.
6. The Trial Court after completion of trial and scrutinizing the
evidence available on record acquitted the appellant under Section 392 of
IPC and convicted and sentenced the appellant for the aforesaid offences.
Being aggrieved by the aforesaid, appellant has preferred this appeal.
7. During course of the arguments, learned counsel for the appellant
did not press this criminal appeal on merits and he is only assailing the
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3 CRA-1002-2013
sentencing part of the impugned judgment. He confined his argument on the
point of sentence only. The appellant is facing trial for long 13 years.
Appellant has suffered jail incarceration of 1 year, 6 months and 25 days.
Now, he has turned about 42 years of age. He is not having any criminal
past. He has deposited the fine amount. Consequently, leaned counsel for the
appellant prays for reduction of jail sentence to the period already undergone
by the appellant.
8. Per contra, learned counsel for the respondent/State opposed the
prayer and prays for its rejection by supporting the impugned judgment.
9. After considering the rival submissions and on perusal of the record,
submissions of learned counsel for the appellant appears to be just and
proper and conviction has not been challenged by the appellant, therefore, it
will be appropriate to partly allow the appeal by affirming the conviction of
the appellant, however, reducing the jail sentence to the period already
undergone by him. Accordingly, the appeal is partly allowed by maintaining
the conviction of the appellant, but reducing the jail sentence to the period
already undergone by the appellant. However, the fine imposed upon the
appellant is maintained and if the appellant fails to pay the fine amount, he
shall undergo imprisonment as awarded by the Trial Court.
10. The appellant is on bail. His bail bond stand discharged.
11. All the pending IA, if any, are also disposed of.
12. A copy of this order be sent to the Secretary, Legal Aid
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4 CRA-1002-2013
Committee, Gwalior to pass formal order regarding appointment and
payment of counsel fee to the concerned Advocate through Legal Aid in
accordance with rules.
13. Let record of the Court below along with a copy of this order be
sent back to the concerned Trial Court for information and necessary
compliance.
14. Certified copy as per rules.
(ANIL VERMA)
JUDGE
R
