Tinku @ Jitendra Singh Tomar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7377 MP

                           01                  M.Cr.C. No.54317/2021

             HIGH COURT OF MADHYA PRADESH
                       M.Cr.C. No.54317/2021
        (Tinku @ Jitendra Singh Tomar vs. State of M.P. )
Gwalior, Dated: 12.11.2021
      Shri A.R. Shivhare, counsel for the petitioner.

      Shri   Rajeev     Upadhyay,     Public    Prosecutor   for   the

respondent/State.

This petition is preferred under Section 482 read with 362 of

the Code of Criminal Procedure for modification in the judgment

dated 5.10.2021 passed by this Court in Criminal Appeal

No.295/2007.

It is submitted that this Court by its judgment dated 5.10.2021

passed in Cr.A. No.295/2007 dismissed the appeal filed by the present

petitioner/appellant -Tinku @ Jitendra Singh and affirmed the

judgment passed by the trial Court in S.T. No.34/2005 dated

28.02.2007. It is further submitted that the petitioner/appellant was

convicted and sentenced by the trial Court as under :-

Name of accused            Section                  Fine      In default,
                                                             punishment
Tinku @ Jitendra 302 read with Section 34 20,000/-             3 years
Singh Tomar      of IPC                                      additional RI
                    307 read with Section 5000/-               3 months
                    34 of IPC                                     RI
                    27 of Arms Act         1000/-             1 month RI

In para 61 of the judgment it is observed by this Court that

petitioner/appellant -Tinku @ Jitendra Singh Tomar is in jail. But

petitioner/appellant-Tinku @ Jitendra Singh Tomar was enlarged on

bail by order dated 17.03.2017 passed by this Court and he furnished

bail on 6.6.2020 and is on bail. Therefore, prayed to allow this

petition by modifying the judgment dated 5.10.2021 and also prayed

to grant two months time to surrender the petitioner/appellant -Tinku

@ Jitendra Singh Tomar.

Perused the record.

Inadvertantly, this fact was not revealed while passing the

judgment dated 5.10.2021 in Cr.A. No.295/2007. Therefore, we

hereby correct the factual mistake in para 61 as under:-

In para 61 in place of "the appellant No.1 Tinku Tomar @

Jitendra Singh is in jail. He be intimated with the result of this appeal

through relating Jail Superintendent", be read as " the appellant No.1

Tinku Tomar @ Jitendra Singh is on bail. He is directed to

immediately surrender before the trial Court. The trial Court is hereby

directed to take steps to ensure the custody of the petitioner/appellant

No.1 Tinku Tomar @ Jitendra Singh to serve out his remaining

sentence."

Learned counsel for the petitioner/appellant has submitted that

the mother of the appellant is suffering from knee problem and her

knee operation is required. Therefore, two months' time be granted to

surrender.

Perused the record.

The reason assigned in the petition is not sufficient to consider

the prayer made by the petitioner/appellant. Hence, it is hereby

disallowed and rejected. The petitioner is hereby directed to surrender

on 13.11.2021 before the trial Court positively to serve the remaining

sentence.

M.Cr.C. stands disposed of.

This order shall be read in conjunction with the judgment dated

5.10.2021 passed by this Court in Cr.A. No.295/2007.

Copy of this order be sent immediately to the trial Court for

compliance.

                 (G.S. Ahluwalia )        (Rajeev Kumar Shrivastava)
van                   Judge                        Judge


      VANDANA VERMA
      2021.11.12
      17:30:42 -08'00'