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Madhya Pradesh High Court · body

2010 DIGILAW 1232 (MP)

Ashok v. State of M. P.

2010-12-15

S.N.AGGARWAL

body2010
ORDER 1. The counsel for both the parties have agreed for final disposal of this appeal by a consent order. 2. The appellant have preferred this appeal against their conviction under sections 324, 325/34 IPC. Vide impugned judgment of the Court below dated 19.5.2009, all three appellants have been sentenced to undergo R.I. for 1 and 1/2 years each and fine of Rs.500/- each. 3. The learned counsel appearing on behalf of the appellants submits that he docs not want to press this appeal against conviction of the appellants and restricts and his submission only on the question of quantum of sentence. 4. I have heard learned counsel for both the parties on the question of quantum of sentence. 5. The appellants are real brothers. Appellant no. 1 is 40 years old, whereas the appellants no. 2 and 3 are 23 and 24 year of age, respectively. They all are stated to be first time offender. It is noted in the impugned order on sentence that appellant no.1 has already suffered imprisonment for 11 months, whereas appellants no. 2 and 3 have suffered imprisonment for 6 and 1/2 months each. The fine imposed by the Court below on them is stated to have already been deposited by the appellants. 6. Considering the facts and the appellants are in their youth and that they are first time offender, this Court is of the opinion that interest of justice shall be served by sentencing the appellants to the sentence of imprisonment already suffered by them during trial of the case. Accordingly, impugned order on sentence is modified to the extent that the appellants arc sentenced to undergo sentence of imprisonment already undergone by them during trial of the criminal case against them. Their bail bonds are cancelled. 7. This appeal stands disposed of accordingly.