Hemraj vs The State Of Madhya Pradesh
2023 Latest Caselaw 5724 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. 145 of 2015

                                   BETWEEN:-
                                   HEMRAJ S/O HIRALAL LODHI, AGED ABOUT 25 YEARS,
                                   OCCUPATION: AGRI. VILLAGE TODI TEH. BIAORA
                                   DISTRICT RAJGARH (MADHYA PRADESH)

                                                                                                      ....APPLICANT
                                   (MS. NIVEDITA SHARMA, ADV. ON BEHALF OF SHRI MANISH YADAV-
                                   ADVOCATE FOR THE APPLICANT)

                                   AND
                                   THE STATE OF MADHYA PRADESH STATION HOUSE
                                   OFFICER THRU. P.S. SUTHALIYA DISTRICT RAJGARH
                                   (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                    (SHRI ASHUTOSH SHARMA-P.L. FOR THE STATE )

                                            This revision coming on for orders this day, the court passed the
                                   following:
                                                                        ORDER

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

and sentence dated 28.1.2015 passed by I ASJ, Bioara, district Rajgarh in

Cr.Appeal No. 288/2012 arising out of judgment dated 19.07.2012 passed by

JMFC, Bioara in Criminal case No. 701/2010 whereby the appeal filed by the

applicant has been allowed in part and conviction u/s 325/34 was maintained,

however the sentence was reduced from 1 year to 6 months RI with fine of

Rs.1,000/-.

Counsel for applicant submits that the applicant has already undergone jail

sentence of 12 days out of six months. The incident took place in the year 2010. 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 2010 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 enchnaced from Rs.1,000/- to

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

month. Out of the said amount Rs.4,000/- shall be paid to the complainant-

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

MK

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