Govind Prasad vs The State Of M.P.
2023 Latest Caselaw 5963 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. 764 of 2005

                          BETWEEN:-
                          GOVIND PRASAD, SON OF GAPPU, AGED ABOUT 21
                          YEARS, OCCUPATION-AGRICULTURE, R/O PUSERA, P.S.
                          BANDOL, DISTRICT SEONI (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (NONE)

                          AND
                          THE STATE OF MADHYA PRADESH, THROUGH POLICE
                          OF POLICE STATION BANDOL, SEONI, DISTRICT SEONI
                          (M.P.)

                                                                                        .....RESPONDENT
                          (BY SHRI MANOJ SINGH - PANEL LAWYER)

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

None appeared today on behalf of the petitioner, therefore, the Secretary,

High Court Legal Services Committee is directed to appoint Shri Anand Shukla, Advocate as counsel for the petitioner and issue a formal appointment order.

Shri Anand Shukla, Advocate appeared on behalf of the petitioner. 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 26.05.2005 passed by the learned II Additional Sessions Judge, Seoni in Cr.A.No.98/2004 affirming the

Signature Not Verified judgment dated 23.08.2004 passed by learned Chief Judicial Magistrate, Seoni Signed by: KAFEEL AHMED ANSARI Signing time: 4/13/2023 4:49:36 PM

in Criminal Case No.1086/2003 whereby the petitioner has been convicted for offence under Section 325 of IPC and sentenced to undergo 03 months R.I. with fine of Rs.250/-.

3. 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 merits and not assail 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 15 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 2004 i.e. for a period of 18 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 2004, 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 Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 4/13/2023 4:49:36 PM

months from today out of which Rs.15,000/- shall be paid to the injured- Mukesh. 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 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