Kuldeep Urf Monu vs Madhya Pradesh Sasan
2022 Latest Caselaw 16235 MP

                                                          1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                             ON THE 7 th OF DECEMBER, 2022
                                          CRIMINAL REVISION No. 2198 of 2022

                           BETWEEN:-
                           KULDEEP ALIAS MONU S/O YASHWANT YADAV, AGED
                           ABOUT   24   YEARS, OCCUPATION: LABOUR, R/O
                           AMBEDKAR COLONY NEEMUCH (MADHYA PRADESH)

                                                                                    .....PETITIONER
                           (SHRI SHANKAR LALWANI, LEARNED COUNSEL FOR THE PETITIONER)

                           AND
                           MADHYA        PRADESH      SASAN     DWARA
                           JILADHANADHIKARI POLICE STATION NEEMUCH
                           CANT, DISTRICT NEEMUCH (MADHYA PRADESH)

                                                                                   .....RESPONDENT
                           ( SHRI SUDHANSHU VYAS, LEARNED PANEL LAWYER FOR THE
                           RESPONDENT/STATE)

                                 This revision coming on for admission/orders this day, Hon'ble Shri
                           Justice Rajendra Kumar (Veerma) passed the following:
                                                           ORDER

With consent of the parties, heard finally. This criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioner being aggrieved by the judgment dated 13/05/2022, passed by the learned Vth Additional Sessions Judge, District Neemuch(M.P.) in Cri.A. No.76/2020 dismissing the appeal against the judgment dated 14/03/2020, passed by the learned Judicial Magistrate First Signature Not Verified Signed by: PREETHA NAIR Signing time: 08-12-2022 10:25:47

Class, Neemuch, in Criminal C ase No.1057/2018, whereby the petitioner has been convicted for offence under Section 292 of IPC and sentenced to 6 months RI with fine of Rs.500/- with default stipulation.

The petitioner has preferred this criminal revision on several grounds, but during the course of arguments, learned counsel for the petitioner did not press this revision on merit and not assails the finding part of judgment. He confines his argument on the point of sentence only and submits that since

the petitioner has already undergone around 5 months of jail incarceration, his sentence be reduced to the period already undergone. It is further submitted that the petitioner deserve some leniency as the petitioner already suffered the ordeal of the trial since 2018 i.e. for a period of about 5 years. It is further submitted that this petition be partly allowed and the sentence awarded to the petitioner be reduced to the period already undergone by enhancing the fine amount.

Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper. Hence, finding force in

Signature Not Verified Signed by: PREETHA NAIR Signing time: 08-12-2022 10:25:47

the contention raised by the learned counsel for the petitioner, and the fact that the petitioner suffered the ordeal of criminal case since 2018, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioner, however, reducing the sentence to the period already undergone by increasing the fine amount.

Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone b y increasing the fine amount to Rs.10,000/-, which shall be paid before the trial Court within a period of two months from today.

Since the petitioner is in jail. The order dated 13/05/2022 wherein charge(s) has have been framed against the petitioner by the trial Court is hereby set-aside. He be set at liberty, forthwith, if not required in any other case.

It is made clear that if the petitioner fails to comply with the conditions as stipulated by this Court, as aforesaid, then the order of the appellate Court shall be revived and petitioner shall

suffer the jail sentence as already imposed by the appellate Court.

A copy of this order be send to the concerned trial Court for necessary compliance.

C.C.as per rules.

Signature Not Verified Signed by: PREETHA NAIR Signing time: 08-12-2022 10:25:47

(RAJENDRA KUMAR (VERMA)) JUDGE

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Signature Not Verified Signed by: PREETHA NAIR Signing time: 08-12-2022 10:25:47