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2025 DIGILAW 277 (SC)

Modu v. State of Madhya Pradesh

2025-01-16

ARAVIND KUMAR, J.K.MAHESHWARI

body2025
ORDER : 1. Assailing the judgment of conviction passed by the High Court of Madhya Pradesh, Indore bench on 22.06.2009 dismissing Criminal Appeal No. 1700 of 1999 preferred by the appellant, the present appeal has been filed. 2. Learned counsel for the appellant has fairly stated that against the impugned judgment, the co-accused-Sohan @ Sonu had filed SLP (Crl.) No. 9445/2009 which was dismissed in limine vide order dated 27.11.2009. 3. During hearing, we do not find any distinction between the case of present appellant-Modu and the case of Sohan. 4. Therefore, after hearing learned counsel for the parties and on going through the materials so placed, we are not inclined to interfere with the findings as recorded by the High Court in the impugned judgment. Accordingly, the present criminal appeal stands dismissed. 5. It has been brought to our notice that the appellant was released on bail after serving around 12 years of actual sentence as per order dated 11.04.2017 and is on bail. However, in consequence of dismissal of this appeal, the appellant shall surrender within two months from today, otherwise the trial Court shall take appropriate steps to take him into custody for serving the remaining part of the sentence. 6. We further make it clear that the dismissal of this appeal would not entail any consequence for grant of remission in terms of the policy and such prayer may be considered by the authorities independently in accordance with law.