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

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ON THE 17 OF DECEMBER, 2025 CRIMINAL APPEAL No. 264 of 2010 PAHALWAN SINGH AND OTHERS Versus STATE OF M.P.

Appearance:

Shri Brajesh Kumar Tyagi - Advocate for the appellants.

Smt. Jyoti Gautam - PL for the State.

ORDER 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 11.03.2010 passed by Special Judge (SC/ST) Act, Guna in Sessions Trial No.01/2007 by which appellants have been sentenced as under:-

2. Appellants have been convicted under Section 147 of IPC and sentenced to undergo six months' R.I., Section 323/149 of the IPC and sentenced to undergo six months' R.I. and Section 341 of IPC with fine of Rs.500/- each with default stipulation.

3. It is the submission of learned counsel for the appellants that the incident is of year 2006 and appellants 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 is ready to pay imposing and enhanced fine.

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

However, fairly accepted that if appellants are ready to pay the imposed/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 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 are directed to pay the fine in addition, in Section 147 of IPC for Rs.1000, in Section 323/149 of IPC for Rs.1000/- each within two months from today while giving undertaking before the trial Court that if they fail to pay the enhanced/imposed 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 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 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 mani