Madhya Pradesh High Court
Anil vs The State Of Madhya Pradesh on 14 October, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:52017
1 CRA-1237-2011
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE B. P. SHARMA
ON THE 14th OF OCTOBER, 2025
CRIMINAL APPEAL No. 1237 of 2011
ANIL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manish Tiwari - Advocate for the appellant.
Shri Deepak Tiwari - Panel Lawyer for the respondent/State.
JUDGMENT
This appeal has been filed under Section 374 of the Cr.P.C. r/w
Section 415 of B.N.S.S. against the judgment of conviction and order of
sentence dated 10.05.2011 passed in Sessions Trial No.139/2010 by Sessions
Judge, Katni (M.P.) whereby learned Judge has held the appellant guilty of
the offence punishable under Section 392/34 of the IPC and sentenced him to
undergo R.I. for 05 years and fine of Rs.5,000/- in default of payment of
fine appellant to undergo R.I. for 06 months.
2. As per the prosecution story, on 25.04.2010 at about 09:00 pm appellant
alongwith co-accused have committed a loot with the compliant of worth
Rs.1,40,000/- and one mobile phone. Thereafter on the complaint of the
complainant, an offence punishable under Section 392/34 of IPC was
registered against the appellant at Police Station Katni, District Katni
(M.P.). After completion of investigation, charge-sheet was filed before the
competent Court.
NEUTRAL CITATION NO. 2025:MPHC-JBP:52017
2 CRA-1237-2011
3. After recording the statements of prosecution witnesses and appreciating
the evidence led by parties, learned trial Court found the appellant guilty for
commission of offence punishable under Section 392/34 of the IPC and
sentenced him as mentioned above. Being aggrieved by the impugned
judgment, the appellant has preferred this appeal.
4. At the very outset, learned counsel for the appellant submits that he does
not want to challenge the conviction of the appellant recorded under Section
392/34 of the IPC by the Trial Court, but has prayed for reduction of jail
sentence. It is submitted that the incident had taken place in the year 2010 i.e.
almost 15 years ago. It is also submitted that the appellant has already served
out approximately two years and fifteen days incarceration so far. In view of
the above, it is prayed that appellant's jail sentence may be reduced/modified
to the extent of period already undergone by him as no fruitful purpose
would get served by sending him behind the bars again.
5. Learned counsel for the State has supported the findings recorded by the
Trial Court and has submitted that after appreciating the evidence adduced
by the prosecution, the Trial Court has rightly found the appellant guilty for
the aforesaid offence and therefore prayed for dismissal of the appeal.
6. Having heard learned counsel for the parties and on perusal of entire
record of the case, I am inclined to allow this appeal in part upon finding
some force in the submissions made by the learned counsel for the appellant.
7. Considering the submissions of learned counsel for the appellant and the
period of jail sentence already undergone by the appellant which is
approximately two years and fifteen days and that the appellant was facing
NEUTRAL CITATION NO. 2025:MPHC-JBP:52017
3 CRA-1237-2011
trial since 2010, I am of the considered view that the ends of justice would
be met if the appellant is sentenced for the period already undergone by him
by enhancing the fine amount .
8. Consequently, the appeal is partly allowed. The impugned conviction is
hereby maintained. However, the jail sentence imposed on appellant is
reduced to the period already undergone by him and the fine of Rs.5,000/- as
imposed upon the appellant is enhanced to Rs.10,000/- which shall be
deposited before the Trial Court within a period of two months from the date
of judgment. The fine amount already deposited by the appellant be
adjusted. In default of payment of fine amount within the stipulated period,
the appellant shall suffer the jail sentence as awarded by the trial Court in
default of payment of fine. Appellant is in jail. He be released forthwith if
he is not required in any other case.
9. The present criminal appeal stands disposed of to the extent indicated
hereinabove.
10. Let a copy of this order along with record be sent to the court below for
information and necessary compliance.
Certified copy as per Rules.
(B. P. SHARMA)
JUDGE
sjk
