Nainsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5723 MP

                                                                      1
                                    IN      THE      HIGH COURT OF MADHYA PRADESH
                                                           AT INDORE
                                                              BEFORE
                                              HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                          ON THE 10 th OF APRIL, 2023
                                                     CRIMINAL REVISION No. 828 of 2014

                                   BETWEEN:-
                                   NAINSINGH S/O BHAGWANSINGH, AGED ABOUT 45
                                   YE A R S , GRAM KELUKHEDA THANA GANGDHAR
                                   DISTT.JHALAWAD RAJASTHAN (RAJASTHAN)

                                                                                                    .....APPLICANT
                                   (BY MS. MEHUL SHUKLA-ADVOCATE)

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH
                                   DISTRICT MAGISTRATE, DISTT.SHAJAPUR (MADHYA
                                   PRADESH)

                                                                                                  .....RESPONDENT
                                   (BY SHRIASHUTOSH SHARMA-P.L. )

                                          T h is revision coming on for orders this day, t h e cou rt passed the
                                   following:
                                                                       ORDER

This is revision u/S.397/401 of the Cr.P.C. arising out of judgment of

conviction and sentence dated 22.05.2014 passed by ASJ, Agar, district Shajapur

in Cr.Appeal No. 515/2012 arising out of judgment dated 30.06.2012 passed by

JMFC, Agar in Criminal case No. 527/2011 whereby the applicant has been

convicted for the offence under sections 325 IPC and sentenced to undergo 6

month RI with fine of Rs.300/- and 504 IPC with fine of Rs.200/- with default

stipulation.

Counsel for applicant submits that the applicant has already undergone jail

sentence of 40 days out of six months. The incident took place in the year 2011. Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11-Apr-23 11:22:20 AM

The applicant was on bail during trial, appeal and revision and did not misuse the

liberty. He maintained good record and relation with the complainant. No purpose

would be served in sending the applicant in jail after such long period. Therefore,

the applicant may be sentenced to the period already undergone and fine amount

may be increased which may be directed to be paid to the complainant.

Counsel for State do not dispute the aforesaid facts.

After hearing learned counsel for parties and taking into consideration the

short jail sentence of the applicant and the period already undergone by him, I am

of the opinion that a case is made out for sentencing the applicant to the period

already undergone with enhancement of fine amount. Further the incident had

taken place in the year 2011 and the applicant has maintained good record and

did not misuse the liberty. No purpose would be served in sending the applicant in

jail after such a long period. Therefore, the revision is partly allowed. The

conviction is maintained. The jail sentence of the applicant is reduced to the period

already undergone by him and the fine amount is enhanced from Rs.500/- to

Rs.5,000/- which shall be deposited by the applicant with the trial court within a

month from today. Out of the said amount Rs.4,500/- shall be paid to the

complainant-Bhagwansingh by the trial court. The bail bonds of the applicant shall

be discharged after deposit of the fine amount.

In case if the applicant fails to deposit the fine amount within the aforesaid

period, the applicant shall undergo the remaining jail sentence as per the order of

appellate court.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11-Apr-23 11:22:20 AM

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11-Apr-23 11:22:20 AM