IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

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ON THE 9 OF FEBRUARY, 2026 CRIMINAL APPEAL No. 1011 of 2010 PAVAN KUMAR SHARMA Versus STATE OF M.P.

Appearance:

Shri Nitin Sharma - Advocate for the appellant.

Shri Dinesh Savita - PP for the State.

ORDER The instant appeal under Section 374 of Cr.P.C. preferred by the appellant against the judgment of conviction and order of sentence dated 01.12.2010 passed by Sessions Judge, Guna in ST No.32/2010 by which appellant has been sentenced as under:

2. Appellant Pawan Kumar Sharma has been convicted under Section

454 of the IPC and sentenced to undergo one year's R.I. with fine of Rs.500/- and Section 354 of IPC and sentenced to undergo one year's R.I. with default stipulation.

3. It is the submission of learned counsel for the appellant that the present case pertains to offence under Section 454 and 354 of IPC. The offence is of the year 2009 and appellant has suffered sufficient jail incarceration as pre-trial and post trial detention. Hence, it is submitted that the case of appellant be considered for the sentence which is already undergone by him, for which he is ready to pay enhanced fine.

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

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

5. Considering the facts and circumstances of the case, especially looking to the fact that for more than 16 years, appellant has suffered ordeal of trial and the proceedings before the trial court as well as before this Court and the fact that appellant has suffered sufficient jail incarceration also, jail sentence of appellant is reduced to the period already undergone by him maintaining the conviction recorded by the trial Court, enhances the fine amount as imposed upon the appellant. Appellant is directed to pay the fine in addition, in Section 454 of IPC for Rs.5000/- and in Section 354 of IPC for Rs.5000/-(total Rs.10,000/-) within two months from today while giving undertaking before the trial Court that if he fails to pay the enhanced amount of fine i.e. Rs.10,000/- total within stipulated period of time, then the trial Court shall proceed against the appellant to serve remaining part of his jail sentence for which the trial Court has sentenced him.

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. Appellant is on bail. Therefore, his bail bond stands discharged.

7. Resultantly, the criminal appeal preferred by the appellant stands disposed of in above terms.

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

(RAJESH KUMAR GUPTA )

JUDGE Rashid