Sentence modified to period already undergone while conviction remained intact; fine enhanced to balance relief.

Conviction under Sections 148, 452 and 324 read with 149 IPC was not interfered with, as the challenge was confined to sentence. Considering the short period of custody already undergone, absence of criminal antecedents, and the long pendency of the matter, the HC held that the ends of justice would be met by restricting imprisonment to the period already undergone and balancing that relief by enhancing the fine. The operative bail bonds were also continued for the statutory period under Section 437-A CrPC. The conviction remained intact, but the custodial sentence was modified.

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Issues: Whether the conviction under Sections 148, 452 and 324 read with 149 of the Indian Penal Code, 1860 should be interfered with, and whether the sentence of imprisonment should be reduced to the period already undergone with corresponding enhancement of fine.

Analysis: The appeal was confined to the sentence. The appellants had undergone only a short period of custody, had no criminal antecedent, and the matter had remained pending for a considerable time. In these circumstances, while the findings of guilt were not disturbed, the sentencing aspect was reconsidered on the footing that the ends of justice would be met by limiting imprisonment to the period already undergone and balancing the relief by enhancing the fine amounts. The order also maintained the operative bail bonds for the statutory period under Section 437-A of the Code of Criminal Procedure, 1973.

Conclusion: The conviction was upheld, the substantive jail sentence was reduced to the period already undergone, and the fine was enhanced.

Final Conclusion: The appeal succeeded only in part on the question of sentence, with the conviction left intact and the punishment modified by substituting the custodial term with the period already undergone and increasing the fine.

Ratio Decidendi: Where conviction is not assailed on merits and the accused have undergone only short custody without criminal antecedents, the sentence may be modified to the period already undergone with enhancement of fine to meet the ends of justice.

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