Yusuf Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 6292 MP

                                                              1

                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                  ON THE 19 th OF APRIL, 2023
                                            CRIMINAL REVISION No. 842 of 2023

                          BETWEEN:-
                          YUSUF KHAN, AGED ABOUT 46 YEARS, S/O KASAM
                          S H A H , OCCUPATION:  LABOUR,    R/O  VILLAGE
                          CHANDERI        TEHSIL    PIPARIA     DISTRICT
                          NARMADAPURAM (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (BY SHRI R.S. SAINI - ADVOCATE )

                          AND
                          THE STATE OF MADHYA PRADESH, THROUGH POLICE
                          STATION PIPARIYA, TEHSIL PIPARIA, DISTRICT
                          NARMADAPURAM (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SMT. EKTA GUPTA - PANEL LAWYER FOR THE STATE OF M.P.)

                                 This revision coming on for final hearing this day, the 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 applicant being aggrieved by the judgment dated 9.07.2019 passed by the learned II Additional Sessions Judge, Pipariya in Cr.A.No.106/2016 against the judgment dated 31.08.2016 passed by learned Judicial Magistrate First Class, Pipariya in Criminal Case No.860/2000, the applicant has been convicted for offence under Section 457of IPC and sentenced to undergo two years R.I. with fine of Rs.1,000/- with default stipulation, whereby learned ASJ has converted Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 4/25/2023 4:42:29 PM

the conviction and sentence of the applicant under Section 457 of IPC to undergo six months RI and fine of Rs.4000/- has been imposed looking to the fact that no criminal antecedent was found against him.

3. The applicant has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the applicant 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 applicant has already undergone two months twenty days jail incarceration, his sentence be reduced to the period already undergone. It is further submitted that the applicant deserves some leniency as the applicant

already suffered the ordeal of the trial since 2001 i.e. for a period of 22 years. It is further submitted that this petition be partly allowed and the sentence awarded to the applicant 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 applicant appears to be just and proper. Hence, finding force in the contentions raised by the learned counsel for the applicant and the fact that the applicant suffered the ordeal of criminal case since 2001, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the applicant, 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 applicant is hereby reduced to the sentence already undergone

Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 4/25/2023 4:42:29 PM

b y increasing the fine amount to Rs.5,000/- in addition to be paid within a period of two months from today. Since the applicant is already on bail, his bail bonds stands discharged. It is made clear that if the applicant fails to comply with the conditions as stipulated by this Court, as aforesaid, then the order of the appellate Court shall be revived and applicant shall suffer the jail sentence as already imposed by the appellate Court.

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

C.C. as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE bks

Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 4/25/2023 4:42:29 PM