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

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ON THE 26 OF FEBRUARY, 2026 CRIMINAL APPEAL No. 876 of 2010 HARIOM AND OTHERS Versus STATE OF M.P.

Appearance:

Shri Ankur Maheshwari - Advocate for the appellants.

Shri Atul Kumar Sharma - PP for the State.

ORDER The instant appeal under Section 374 of Cr.P.C. preferred by the appellants against the judgment of conviction and order of sentence dated 08.10.2010 passed by Special Sessions Judge, (SC/ST) Guna, in SC No.60/2006 by which appellants have been sentenced as under:

2. Appellants have been convicted under Section 341 of the IPC and sentenced to undergo till the rising of the Court with fine of Rs.500/- each, Section 323/34 of the IPC and sentenced to undergo R.I. for six-six months, Section 354/34 of IPC and sentenced to undergo R.I. for six-six months with fine of Rs.250/- each, with default stipulation.

3. It is the submission of learned counsel for the appellant that the present case pertains to offence under Sections 341, 323/34 and 354/34 of IPC. The offence is of the year 2006 and appellants have suffered sufficient jail incarceration as pre-trial 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 enhanced fine.

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

However, fairly accepted that if appellants are ready to pay the enhanced 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 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, enhances the fine amount as imposed upon the appellants. Appellants are directed to pay the fine in Section 323/34 of IPC for Rs.1000/- each, in addition in Section 354/34 of IPC for Rs.4000/- each only within two months from today while giving undertaking before the trial Court that if they fail to pay the enhanced amount of fine i.e. Rs.5,000/- (each) in addition 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 appellants in peculiar facts and circumstances of the case where appellants have suffered incarceration also. The enhance amount be deposited before the trial court. Appellants are on bail. Therefore, their bail bond stands discharged.

7. Resultantly, the criminal appeal preferred by the appellants 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