Sonu Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 6239 MP

                                                             1
                             IN    THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 18 th OF APRIL, 2023
                                            CRIMINAL REVISION No. 608 of 2023

                            BETWEEN:-
                            1.    SONU AHIRWAR S/O SHRI MOHANLAL @ MOHAN
                                  SINGH, AGED ABOUT 28 YEARS, RAGIYAPURA
                                  DIST. VIDISHA (MADHYA PRADESH)

                            2.    SURAJ S/O MOHAN LAL @ MOHAN SINGH, AGED
                                  ABOUT 26 YEARS, RAGIYAPURA DIST. VIDISHA
                                  (MADHYA PRADESH)

                            3.    LAKHAN S/O LT RAMESH AHIRWAR, AGED
                                  ABOUT 29 YEARS, RAGIYAPURA DIST VIDISHA
                                  (MADHYA PRADESH)

                                                                                       .....PETITIONERS
                            (BY SHRI DINESH SINGH TOMAR )

                            AND
                            THE STATE OF MADHYA PRADESH THROUGH JAYRE
                            DISTRICT   DANDADHIKARI  VIDISHA  DISTRICT
                            VIDISHA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                            (BY SHRI PS RAGHUVANSHI - PUBLIC PROSECUTOR)

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

This criminal revision under Section 397, 401 of Cr.P.C. has been filed by the revisionist assailing the Judgment dated 30.01.2023 passed in Criminal Appeal No. 49/2019 by Sessions Judge to the Court of Sessions Judge Vidisha by which the judgement dated 06.09.2021 passed in Criminal Case No.

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/19/2023 10:26:14 AM

3646/2015 by Judicial Magistrate First Class Vidisha has been affirmed.

In brief, facts of the case are that, learned trial Court vide its judgment dated 06.9.2021 convicted the petitioner for the offence under Section 324 of IPC and sentenced him to undergo one year SI with fine of Rs.1000/-. The petitioner preferred an appeal against the judgment before the appellate court. The appellate court set aside his appeal.

Learned counsel for the petitioners made submission that incident is of the year 2023 and there is a possibility that the hearing of the matter shall take a long time. In these situation, he does not want to press his petition on merits. It is submitted that in lieu of sentence, fine amount may be enhanced.

In view of the arguments advanced by the counsel for the petitioners and after perusing the record, the incident took place on 19.12.2015, about 8 years have been passed and the petitioners have already suffered incarceration of two and half months, in these situation, in lieu of sentence of 1 year imposed under Section 324 of IPC is reduced to the period already undergone by them, enhancing the fine amount from Rs.1,000/- each to Rs.5,000/- each which shall be paid to complainant by way of compensation.

The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which petitioners shall undergo the original sentence awarded by the trial Court. The appellants are on bail, in case the fine amount is deposited by them, their bail bonds stands discharged.

With the aforesaid modification, the revision petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/19/2023 10:26:14 AM

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/19/2023 10:26:14 AM