Bhura @ Omprakash vs The State Of Madhya Pradesh
2021 Latest Caselaw 492 MP

                                                                       1                              CRR-500-2021
                                              The High Court Of Madhya Pradesh
                                                         CRR-500-2021
                                              (BHURA @ OMPRAKASH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                     1
                                     Jabalpur, Dated : 04-03-2021

                                           Shri Aman Pandey, learned counsel for the applicants.
                                           Shri     Subodh    Tamrakar,    learned     Panel    Lawyer        for    the
                                     respondent/State.

Heard on I.A.No.2894/2021, an application for condonation of delay in filing this revision.

The revision is time barred by 131 days.

Considering the averments made in the application, which is supported by affidavit, I.A.No.2894/2021 is allowed.

Delay in filing this revision is condoned. Heard on admission.

Thi s criminal revision under Section 397/401 of the Code of Criminal Procedure is directed against order dated 07/08/2019 passed by the Additional Sessions Judge, Bareli, District Raisen passed in

Criminal Appeal No.03/2019, arising out of the order dated 12/12/2018 passed by the JMFC, Udaipura, District Raisen in RCT No.100280/2013.

Learned counsel for the applicants has submitted that the applicants were convicted vide judgement dated 12/12/2018 under Section 323 of the IPC and sentenced to undergo R.I. for 3 months each, with fine of Rs.500/- each, with default stipulations. Against the said judgment, they have preferred appeal. In the said appeal, Criminal Appeal 03/2019, the appellate Court vide judgment dated 07/08/2019 affirmed the order of trial Court, so far as conviction part is concerned, whereas on the point of sentence, the benefit of Probation of Offenders Act was given and applicants were directed to be released on furnishing the bond of Signature Not Verified SAN

Digitally signed by MANJU CHOUKSEY Date: 2021.03.04 16:16:36 IST 2 CRR-500-2021 Rs.15,000/- each, but they were also directed to deposit the fine of Rs.2500/- each, within a period of 15 days from the date of judgment.

It is also submitted by learned counsel for the applicants that due to communication gap, applicants have not deposited the fine amount, therefore, arrest warrant was issued against them. In compliance of the

arrest warrant, they have taken into custody on 05/02/2021 and since then they are in judicial custody. It is also contended that the applicants are ready to deposit the fine amount and prayed that this revision may be allowed and the applicants may be directed to be released from custody.

Considering the aforesaid, it is directed that if the applicants deposit the fine amount of Rs.2,500/- each before the trial Court within a period of 15 days from the date of order passed today, in light of the judgment dated 07/08/2019 passed in Criminal Appeal No.03/2019, the applicants shall be released by the trial Court.

With the aforesaid observation, the revision stands disposed of. Certified copy as per rules.

(MOHD. FAHIM ANWAR) JUDGE

manju

Signature Not Verified SAN

Digitally signed by MANJU CHOUKSEY Date: 2021.03.04 16:16:36 IST