IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

th

ON THE 15 OF JANUARY, 2026

CRIMINAL APPEAL No. 66 of 2008

MEV KHAN AND OTHERS

Versus

STATE OF M.P.

Appearance:

Shri Rahul Bansal - Advocate for the appellant.

Shri Atul Kumar Sharma - PP for the State.

ORDER appellant No.2 is aged about 72 years, have suffered sufficient jail incarceration as pretrial and post trial detention. Hence, it is submitted that the case of appellants be considered for the sentence which is already undergone by them, for which they are ready to pay additional fine.

This appeal under Section 378(2) of Cr.P.C. has been preferred by the

appellant against the judgment of conviction and order of sentence dated 22.11.2007 passed by Additional Session Judge , Chachoda, District Guna in Sessions Trial No.494/2006 by which appellant has been sentenced as

under:-

2. Appellants No.1 and 2 have been convicted under Section 341 of

IPC and sentenced to undergo one months' S.I. with fine of Rs.50/-, Section 323/34 of the IPC and sentenced to undergo two months' R.I. with fine of Rs.200/- and only appellant No.2 has been convicted under Section 354 of IPC and sentenced to undergo two months' R.I. with fine of Rs.100/- each

with default stipulation.

3. It is the submission of learned counsel for the appellant that the

incident is of year 2005 and appellant No.1 is aged about 52 years and

4. Learned counsel for the respondent/State opposed the prayer.

However, fairly accepted that if appellant is ready to pay additional fine, then only their case for undergone may be considered.

5. 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 sufficient jail 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 No.1 and 2 are directed to pay the fine in addition, in Section 341 of IPC for Rs.450/-, in Section 323/34 of IPC for Rs.800/- each and appellant No.2 is directed to pay the fine in addition in Section 354 of IPC for Rs.5000/- within three 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. 6. It is made clear that this benefit of undergone has been given to the appellant in peculiar facts and circumstances of the case where appellant has suffered incarceration also. The enhance amount be deposited before the trial court. Appellants are on bail. Therefore, their bail bonds stand discharged.

7. Resultantly, the appeal stands allowed and disposed of in above terms.

8. Pending I.A., if any, is also disposed of.

9. Copy of the judgment be sent to the trial Court concerned for information and necessary compliance.

(RAJESH KUMAR GUPTA )

JUDGE Rashid