Rahul vs State Of M.P.
2021 Latest Caselaw 6265 MP

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  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
            CRIMINAL REVISION NO.2382 OF 2020
               (Rahul vs The State of Madhya Pradesh)



Indore, Dated 30.09.2021
     Mr. Sanjay Saini, learned counsel for the applicant.
     Mr. Sameer Verma, learned counsel for the non-
applicant/State.
     The    revision     was     listed     for    consideration          on    IA
No.8581/2020 which is an application for suspension of
sentence.
     The applicant had been earlier convicted by JMFC Nagda
for committing offence under Section 148, 332/149 and
353/149 of IPC vide judgment dated 23.01.2018. The appellate
Court in Criminal Appeal No.27/2018 vide judgment dated
08.12.2020

has convicted the applicant as under:

              Conviction                                Sentence
     Section & Act     Imprisonment       Fine Amount        Imprisonment
                                                              in lieu of fine
        148 IPC        06 months RI          Rs.500/-        01 months RI
      332/149 IPC       02 years RI          Rs.500/-        01 months RI
      353/149 IPC    For each count         For each        One months RI
       (3counts)      one year RI         count Rs.500/-      for each
                                              fine             counts.

All the jail sentences were to run concurrently. Learned counsel for the applicant submits that the applicant has already been in jail for one year and five months and he also submits that instead of arguing on suspension application, this revision be disposed of finally. The only prayer is that the applicant had already undergone in jail and his punishment be considered adequate in the matter.

Considered.

The conviction has not been challenged.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.2382 OF 2020 (Rahul vs The State of Madhya Pradesh)

The original record of the case was perused. The order of conviction is based on appropriate appreciation of evidence and therefore the conviction under the aforesaid provisions is hereby affirmed.

Reverting back to the quantum of sentence, the quantum of sentence under Section 148 and 353/149 (3 counts) IPC shall remain unchanged. However, the conviction under Section 332/149 IPC is being reduced from 02 years RI to the period already undergone i.e. one year five months RI with no change in fine amount.

The applicant, on depositing the fine amount (if not already deposited) shall be released forthwith having already undergone the jail sentences which shall concurrently as stipulated by both the Courts below. Accordingly this criminal revision stands disposed of in aforesaid terms.

A copy of this judgment along with original record be sent to the trial Court for compliance.

Certified copy as per Rules.

(SHAILENDRA SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2021.09.30 18:17:25 +05'30'

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.2382 OF 2020 (Rahul vs The State of Madhya Pradesh)