Chhabilal vs The State Of M.P.
2023 Latest Caselaw 5962 MP

                                                              1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                  ON THE 12 th OF APRIL, 2023
                                            CRIMINAL REVISION No. 306 of 2005

                          BETWEEN:-
                          CHHABILAL SON OF SHRI MOHAN LAL JATT, AGED
                          ABOUT 50 YEARS, R/O AMBEDKAR WARD, SAGAR
                          DISTRICT - SAGAR (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (BY SHRI SARVESH KUMAR JAISWAL - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH, THROUGH-POLICE
                          STATION CIVIL LINES, SAGAR, DISTRICT-SAGAR
                          (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI PRAMOD CHOUBEY - GOVERNMENT ADVOCATE)

                                 Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                               ORDER

With consent of the parties heard finally.

2. This criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioner being aggrieved by the judgment dated 21.02.2005 passed by the learned II Additional Sessions Judge, Sagar in Cr.A.No.111/2004 affirming the judgment dated 03.08.2004 passed by learned Judicial Magistrate First Class, Sagar in Criminal Case No.879/2000 whereby the petitioner has been convicted for offence under Section 420 of IPC and sentenced to undergo 01 year R.I. with fine of Rs.2,000/- with default stipulation.

Signature Not Verified

3. The petitioner has preferred this criminal revision on several grounds but Signed by: KAFEEL AHMED ANSARI Signing time: 4/13/2023 4:49:36 PM

during the course of arguments, learned counsel for the petitioner did not press this revision on merits and not assails the finding upon conviction part of judgment. He confines his argument on the point of sentence only and prays that since the petitioner has already undergone 05 months and 04 days jail incarceration, his sentence be reduced to the period already undergone. It is further submitted that the petitioner deserves some leniency as the petitioner already suffered the ordeal of the trial since 1996 i.e. for a period of 26 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.

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

5. 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 the contentions raised by the learned counsel for the petitioner and the fact that the petitioner suffered the ordeal of criminal case since 1996, 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.

6. Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone by increasing the fine amount to Rs.25,000/- to be paid within a period of two months from today. Since the petitioner is already on bail, his bail bonds stands discharged. 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 Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 4/13/2023 4:49:36 PM

appellate Court shall be revived and petitioner shall suffer the jail sentence as already imposed by the appellate Court.

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

C.C. as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE kafeel

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 4/13/2023 4:49:36 PM