IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

th

ON THE 13 OF JANUARY, 2026

CRIMINAL APPEAL No. 880 of 2010

GOVIND SINGH AND OTHERS

Versus

STATE OF M.P.

Appearance:

Shri Yogendra Singh Tomar - Advocate for the appellants.

Shri Anurag Sharma - Dy. Government Advocate for the State.

ORDER 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 in lieu of awarded sentence.

This appeal under Section 374 of Cr.P.C. has been preferred by the

appellants against the judgment of conviction and order of sentence dated 19.1.2010 passed by Session Judge, Bhind in Sessions Trial No.90/2006 by

which appellants have been sentenced as under:-

2. Appellants No.1 and 2 have been convicted under Section 323

(double counts) of the IPC and sentenced to undergo three months R.I. with fine of Rs.800/- each and appellant No.3 has been convicted under Section 325 of the IPC and sentenced to undergo two years R.I. with fine of

Rs.2000/- with default stipulation.

3. Now appellant No.2/Ballan Singh has expired.

4. It is the submission of learned counsel for the appellants No.1 and 3

that the incident is of year 2005 and both the appellants have suffered sufficient jail incarceration as pretrial and post trial detention. Hence, it is

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

However, fairly accepted that if both the 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 20 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 are reduced to the period already undergone by them maintaining the conviction recorded by the trial Court, imposes the fine amount upon the appellants. Appellant No.1 is directed to pay an additional fine amount in Section 323 of IPC for Rs.200/- (in two counts, total Rs.400/-) and appellant No.3 is directed to pay an additional fine amount in Section 325 of IPC for Rs.5000/- within four months from today while giving undertaking before the trial Court that if they fail to pay additional 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.

7. It is made clear that this benefit of undergone has been given to the appellants in peculiar facts and circumstances of the case where appellants has suffered incarceration also. The imposed amount of fine be deposited before the trial court. Appellants are on bail. Therefore, their bail bonds stand discharged.

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

9. Their bail bonds stand discharged.

10. All the pending I.As., if any, are also disposed of.

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

(RAJESH KUMAR GUPTA )

JUDGE Rashid