Supreme Court - Daily Orders
The State Of Madhya Pradesh vs Bhagwan Singh on 19 February, 2018
Bench: S.A. Bobde, L. Nageswara Rao
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 295 OF 2018
(Arising out of SLP(Crl) No. 4179/2013)
THE STATE OF MADHYA PRADESH APPELLANT(S)
VERSUS
BHAGWAN SINGH RESPONDENT(S)
O R D E R
1. Leave granted.
2. The accused was convicted by judgment and order dated 09.06.2011, under section 326 IPC and sentenced to undergo rigorous imprisonment for three years and fine of Rs. 500/- and further under Section 294 IPC with fine of Rs. 500/- with default stipulation by learned Sessions Judge, Guna, M.P.
3. On appeal, the High Court, merely because the accused had undergone 9 days of jail custody, reduced the sentence to the period already undergone without giving any reasons. It seems that the similar order of Signature Not Verified Digitally signed by the same Bench of the High Court came up CHARANJEET KAUR Date: 2018.02.22 16:55:42 IST for consideration by this Court in the case Reason:
of State of Madhya Pradesh vs. Babulal and 2 Ors. (2013) 12 SCC 308 wherein this Court had reversed that order with observations.
4. In view of the above, the appeal succeeds and is allowed. The judgment of the High Court is set aside and that of the trial Court is restored. The respondent is directed to surrender within four weeks from the date of receipt of copy of this order failing which the learned Judicial Magistrate,First Class, Guna is directed to take him into custody and send him to jail to serve out the remaining period of sentence. A copy of the order be sent to the learned Magistrate, Guna.
..................J. [ S.A. BOBDE ] ...................J. [ L. NAGESWARA RAO ] NEW DELHI, FEBRUARY 19,2018 3 ITEM NO.44 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No. 4179/2013 (Arising out of impugned final judgment and order dated 06-11-2012 in CRLA No. 531/2011 passed by the High Court Of M.P At Gwalior) THE STATE OF MADHYA PRADESH Petitioner(s) VERSUS BHAGWAN SINGH Respondent(s) (WITH APPLN. FOR FOR EXEMPTION FROM FILING O.T.) Date : 19-02-2018 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Ms. Swarupama Chaturvedi, AOR For Respondent(s) Mr. Aaditya A. Pande, Adv. (A.C.) UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
[ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]