Vimal Kumar Shukla vs The State Of M.P.
2023 Latest Caselaw 6311 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 19 th OF APRIL, 2023
                  CRIMINAL REVISION No. 736 of 2005

BETWEEN:-
VIMAL KUMAR SHUKLA
S/O RAJENDRA KUMAR SHUKLA
AGED 40 YEARS OCCUPATION:
L.D.C. AGRICULTURE DEPARTMENT
MOHNISAGAR COLONY
SHIVPURI (MADHYA PRADESH)

                                                                 .....PETITIONER
(BY SHRI V.K.AGARWAL - ADVOCATE)

AND
THE STATE OF M.P.
THROUGH POLICE KOTWALI
SHIVPURI (MADHYA PRADESH)

                                                              .....RESPONDENTS
(BY SHRI LOKENDRA SHRIVASTAVA - PUBLIC PROSECUTOR)
)

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

following:
                                    ORDER

Petitioner filed this criminal revision aggrieved by the judgment passed by the trial Court on 06.08.2005 by which petitioner was convicted for the offence under Section 409 of IPC for two years and fine of Rs.5000/- . His appeal was dismissed by judgment dated 24.09.2005. Aggrieved by the aforesaid judgment of conviction and dismissal of appeal, he preferred this revision.

Learned counsel for the petitioner does not want to press this petition on merits and prays that in lieu of sentence fine should be enhanced.

The allegation against him that being L.D.C. in Block Development Office, Shivpuri, he misappropriated the find to the tune of 46,846/-. Thereafter, charge-sheet has been submitted. Crime was registered. After trial, trial Court convicted the petitioner for the aforesaid offences. .

Learned counsel for the petitioner submits that the incident is of 03.07.1994. He is facing judicial process for the last 29 years. During trial the petitioner was in custody for 9 days.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. In view of the arguments advanced by the counsel for the petitioner and

after perusing the record, the incident is of the year 1994, about 29 years have been passed, in these situation, in lieu of sentence of two years imposed under Sections 409 of IPC is reduced to the period already undergone by him, enhancing the fine amount from Rs.5000/- to Rs.50,000/- which shall be paid 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 petitioner shall undergo the original sentence awarded by the trial Court. The petitioner is on bail, in case the fine amount is deposited by him, his bail bonds stands discharged.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.04.20 11:23:07

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