Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 272 OF 2018
[@ SPECIAL LEAVE PETITION (CRL.) NOS. 910 OF 2018]
NARESH Appellant (s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is before this Court, aggrieved by
the Judgment dated 11.05.2017 passed by the High
Court of Madhya Pradesh, Bench at Gwalior, in
Criminal Appeal No. 226 of 2007. The punishment of
one year and fine of Rs. 3000/- imposed on the
appellant under Section 325 IPC was confirmed by the
High Court.
3. When the matter came up before this Court, the
following order was passed on 25.01.2018:-
Signature Not Verified
“Delay condoned.
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.02.17
12:35:36 IST
Reason:
Issue notice, returnable in two weeks.
Notice may also be served on the
standing counsel for the State of
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Madhya Pradesh.
The learned counsel for the petitioner
submits that in the counter case,
Munnalal, who had been awarded
punishment for one year under Section
325 IPC, was awarded only a punishment
till the rising of the Court in the
National Lok Adalat. It is also
submitted that the parties have since
purchased peace and there is no law
and order problem there and the
parties are living in peace.
We direct the respondent-State to get
specific instruction on the above
submissions on the next date of
hearing. We make it clear that there
shall be no adjournment.
The petitioner is also directed to
serve a copy of this Special Leave
Petition along with this order on the
Station House Officer (SHO), Gaswani
District, Sheopur, Madhya Pradesh, who
shall be personally present before
this Court on the next date of
hearing.
List on 15.02.2018.”
4. Pursuant to the above order, Mr. Shivram Singh
Kansana, SHO, Gaswani District, Sheopur, Madhya
Pradesh is present before us today. With reference
to the order noted above, it is informed that the
parties have settled their disputes and there is no
law and order problem in the area.
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5. It is also confirmed that in the counter case,
the first accused, who had also been sentenced to one
year imprisonment under Section 325 IPC, in respect
of the same incident, has been given a lighter
sentence of imprisonment till the rising of the court
in the National Lok Adalat.
6. In the above circumstances, we are of the view
that the punishment imposed on the appellant also
needs to be modified to the extent that the same
shall be limited to the period already undergone.
Ordered accordingly. The appellant shall be released
from jail, in case he is not otherwise required in
any other case.
7. In view of the above, the appeal is disposed of.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
February 15, 2018.
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ITEM NO.6 COURT NO.5 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(s) for Special Leave to Appeal (Crl.) No(s). 910/2018
(Arising out of impugned final judgment and order dated 11-05-2017
in CRLA No. 226/2007 passed by the High Court Of M.p At Gwalior)
NARESH Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
(IA No.8124/2018-CONDONATION OF DELAY IN FILING and IA
No.8126/2018-EXEMPTION FROM FILING O.T. and IA
No.8125/2018-CONDONATION OF DELAY IN REFILING)
Date : 15-02-2018 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Petitioner(s) Mr. Shishir Kumar Saxena, Adv.
Mr. Amit Lahoti, Adv.
Mr. Jay Kumar Bhardwaj, Adv.
Mr. Virag Gupta, Adv.
Mr. Praveen Swarup, AOR
For Respondent(s) Ms. Swarupama Chaturvedi, Adv.
Mr. B. N. Dubey, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)