Madhya Pradesh High Court
Sujan Singh vs State Of M.P. on 9 October, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:25400
1 CRA-199-2006
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 9 th OF OCTOBER, 2025
CRIMINAL APPEAL No. 199 of 2006
SUJAN SINGH
Versus
STATE OF M.P.
Appearance:
Shri Atul Sharma - Advocate appeared through Legal Aid.
Shri Anurag Sharma - PP for the respondent/State.
ORDER
Nobody appeared on behalf of the appellant today. On 18.09.2025
also, none appeared on behalf of the appellant.
This criminal appeal is pending since 2006, therefore, in the interest of
justice, Shri Atul Sharma 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 22.02.2006 passed by I Additional Sessions Judge,
Gwalior in Sessions Trial No.309 of 1989, whereby the appellant has been
convicted under Section 395 of Indian Penal Code (in short "IPC") and
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2 CRA-199-2006
sentenced to undergo 5 years RI with fine of Rs.500/- with usual default
stipulations.
3. Brief facts of the case are that, on 04.04.1989, when complainant
Bahidullah Driver was coming by his jeep bearing Registration No.MIH 255
from Gwalior to Guna with 11 passengers, at about 4.20 PM near Ghatigaon,
three unknown miscreants tried to intercept the jeep. When jeep driver did
not stop the vehicle, then two other accused persons who were sitting in the
jeep took out a katta and on the point of katta, they compelled the driver to
stop the vehicle. They looted four bank drafts of Rs.1,80,000/- and Rs.
3900/- cash from the handbag of Badrilal Kushwah, Rs.80,000/- from the
suitcase of Rajendra Singh, Rs.99000/- from the suitcase of Hamid Khan,
Rs.10,000/- and a fan from the bag of Prabhulal, Rs.1500/- from the Airbag
of Satish, daily appraisals from the suitcase of Swatantra Sharma of Rs.320/-
, daily appraisals from the bag of V.K.Goyal, Suitcase of Dayanand, papers
of Swadesh and Rs.100/- were snatched from driver Bahidulla. They also
assaulted the passengers and run away from the spot. The FIR was lodged by
driver Bahidulla, at PS Gahtigaon which was registered at Crime No.30 of
1989. Accordingly, the offence has been registered against the accused
persons.
4. After completion of investigation, charge-sheet has been filed
before the JMFC, Gwalior who committed the case to the court of sessions.
The trial of some of the co-accused was conducted separately. The trial of
present appellant has been conducted by I ASJ, Gwalior. The trial court has
framed charges under section 395 and 397 of IPC.
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3 CRA-199-2006
5. Appellant abjured his guilt and pleaded complete innocence.
Prosecution has examined as many as 10 witnesses, while defence has
examined only one witness.
6. The Trial Court after completion of trial and scrutinizing the
evidence available on record has 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
sentencing part of the impugned judgment. He confined his argument on the
point of sentence only. The appellant is facing trial for long since the year
1989. Appellant has suffered jail incarceration from 19.04.1989 to
20.08.1989 (four months one day), from 15.10.2005 to 22.02.2006 (Six
months seven days), and from 22.02.2006 to 30.07.2007 (5 months 8 days)
total 15 months and 16 days. Now, he has turned about 70 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
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4 CRA-199-2006
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
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
Rks
