SALGA @ SALIGRAM GURJAR Vs. STATE OF MP

JUDGEMENT

(1.) This jail appeal has been directed against the judgment dated 28.09.2012, passed by Special Judge (MPDVPK Act), Gwalior in Sessions Trial No.20/2009, whereby the Special Judge convicted the appellant under Section 148 IPC and sentenced to two years RI with fine of Rs.200/-; under Section 307/149 IPC sentenced to seven years RI with fine of Rs.500/-; under Section 400 IPC read with Section 13 of MPDVPK Act sentenced to seven years RI with fine of Rs.500/-; and, under Section 402 IPC read with Section 13 of MPDVPK Act sentenced to five years RI with fine of Rs.300/-. All the sentences are directed to run concurrently.

(2.) Learned counsel for the appellant submitted that he is not challenging the conviction imposed upon the appellant, however, he prays that since the appellant has nearly served out the sentence awarded to him, therefore, his sentence be reduced to the period already undergone by him and he be released.

(3.) Looking to the prayer made by learned counsel for the appellant, this Court does not think it necessary to detail the prosecution story so as to burden the judgment. This Court vide order dated 2.2.2017 directed to call the report with regard to the sentence served out by the appellant. The report received from the Central Jail reveals that the present appellant has served out 6 years 10 months 6 days including the remission period.