Sanjay Balai @ Sanju @ Kaalu vs The State of M.P.

In the instant appeal, a challenge has been made to the order of conviction and sentence dated 28.03.2012 passed by the 8th Additional

Sessions Judge, Bhopal in Sessions Trial No. 665/2011 (State of M.P. Vs Sanjay Balai & another) whereby the appellant has been convicted for

the offences punishable under Section 392 of IPC and sentenced to undergo rigorous imprisonment for 7 years and fine of Rs.2000/-. In default of

payment of fine further rigorous imprisonment of six months.

Learned counsel for the appellant at the outset submitted that the appellant has already completed sentence of six years and 7 months out of the

sentence of 7 years awarded to him. He has further submitted that the fine amount shall be deposited by the appellant. It is further contended by

him that the incident had taken place in the year, 2010 and since the appellant has undergone the substantial sentence, and after the release on bail,

no usefule purpose would be served in keeping him in the jail after a period of more than 7 years. It is further submitted that there is no minimum

sentence prescribed under Section 392 of IPC.

These facts are not disputed by learned Government Advocate for the respondent/State.

Considering the aforesaid facts specially that the appellant had already undergone substantial sentences of six years and seven months out of 7

years sentence, this Court considers that in the interest of justice, the sentence of the appellant is reduced to the period which has already

undergone by him.

In view of the aforesaid, the conviction of the appellant under Section 392 of IPC is maintained and the sentence is modified instead of 7 years,

the appellant is convicted to the sentence which has already undergone by him. He will also deposit the fine amount of Rs.2000/-.

Accordingly with the aforesaid modification in the sentence, the appeal is disposed of.