Madhya Pradesh High Court
Karan Singh vs State Of M.P. on 13 November, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:29029
1 CRA-740-2008
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 13th OF NOVEMBER, 2025
CRIMINAL APPEAL No. 740 of 2008
KARAN SINGH AND OTHERS
Versus
STATE OF M.P.
Appearance:
Ms. Prachi Sharma- Advocate for appellant .
Shri Rajendra Singh Yadav- PP for the State.
ORDER
Appellant No. 1 and 2 have expired. Therefore, the appeal in respect of appellant
No.1 and 2 stands abated and is further heard in respect of appellant No. 3 to 5.
1. The instant appeal under Section 374 of Cr.P.C. preferred by the
appellants against the judgment of conviction and order of sentence dated
30/09/2008 passed by Second Additional Sessions Judge, Vidisha in Sessions
Trial No.202/2005 by which appellants have been sentenced as under:
2. Appellants have been convicted under Section 325/149 of IPC and
sentenced to undergo three years' R.I. with fine of Rs.2000/- each, under Section
324/149 IPC and sentenced to undergo two years' R.I (two counts) each and under
Section 148 of IPC and sentenced to undergo two years of R.I. each.
4. It is the submission of learned counsel for the appellants that the present
case mainly pertains to offence under Section 325 of IPC. The offence is of the
year 2005 and appellant suffered sufficient jail incarceration as pre-trial and post
NEUTRAL CITATION NO. 2025:MPHC-GWL:29029
2 CRA-740-2008
trial detention. Hence, it is submitted that the case of appellant be considered for
the sentence which is already undergone by them, for which they are ready to pay
enhanced fine.
5. Learned counsel for the respondent/State opposed the prayer. However,
fairly accepted that if appellants are ready to pay the enhanced fine, then only
their case for undergone may be considered.
6. Considering the facts and circumstances of the case, especially looking
to the fact that for more than 19 years, appellants have suffered ordeal of trial and
the proceedings before the trial court as well as before this Court and the fact that
appellants have suffered incarceration also, jail sentence of appellants is reduced
to the period already undergone by them maintaining the conviction recorded by
the trial Court, enhances the fine amount as imposed upon the appellants.
Appellants are directed to pay the fine of Rs.5,000/- (in addition to the fine
imposed by the trial Court)each in respect of sentenced under section 325/149 of
IPC, Rs.4000/- each (Rs. 4000/- + Rs. 4000/-, totaling Rs.8000/- for two
counts) in respect of sentence under Section 324/149 of IPC and Rs.1000/- each
in respect of sentence under Section 148 of IPC, within two months from today
while giving undertaking before the trial Court that if they fail to pay the
enhanced amount of fine within stipulated period of time, then the trial Court shall
proceed against the appellants to serve remaining part of their jail sentence for
which the trial Court has sentenced them. If the appellants have already paid the
fine amount imposed by the trial court, then the same shall be adjusted in the
enhance amount.
7 . It is made clear that this benefit of undergone has been given to the
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3 CRA-740-2008
appellant in peculiar facts and circumstances of the case where appellant has
suffered incarceration also. The enhance amount be deposited before the trial
court. It is directed that if they deposit the enhanced fine amount in above terms,
then the trial court shall proceed further to released them. Their bail bonds stand
discharged.
8. Resultantly, the appeal preferred by the appellants stands disposed of in
above terms.
9. Copy of the judgment be sent to the trial Court concerned for
information and necessary compliance.
(RAJESH KUMAR GUPTA )
JUDGE
Vishal
