Arvind vs The State Of Madhya Pradesh
2023 Latest Caselaw 6382 MP

                                                                           1
                                        IN      THE       HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                 BEFORE
                                              HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                               ON THE 20 th OF APRIL, 2023
                                                         CRIMINAL REVISION No. 5052 of 2022

                                       BETWEEN:-
                                       1.     ARVIND S/O HARNATH, AGED ABOUT 23 YEARS,
                                              OCCUPATION: LABOUR R/0 VILLAGE LASUDIYA
                                              KANGAR    POLICE STATION AND      TEHSIL
                                              ICCHAVAR   DISTRICT-  SEHORE   (MADHYA
                                              PRADESH)

                                       2.     JITENDRA S/O HARNATH, AGED ABOUT 28 YEARS,
                                              OCCUPATION: LABOUR R/O VILLAGE LASUDIYA
                                              KANGAR    POLICE STATION AND       TEHSIL
                                              ICCHAVAR      DISTRICT-EHORE    (MADHYA
                                              PRADESH)

                                                                                                    .....PETITIONERS
                                       (BY SHRI SAJID AHMED - ADVOCATE)

                                       AND
                                       THE STATE OF MADHYA PRADESH THROUGH POLICE
                                       STATION ICCHAVAR DISTRICT SEHORE (MADHYA
                                       PRADESH)

                                                                                                    .....RESPONDENT
                                       (BY  SHRI  N.S.  SOLANKI                -   PANEL   LAWYER    FOR     THE
                                       RESPONDENT/STATE)

                                              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 petitioner being aggrieved by the judgment dated 16.12.2022 passed by the Signature Not Verified SAN

Digitally signed by VAISHALI AGRAWAL Date: 2023.04.21 10:29:06 IST Sessions Judge, District- Sehore in Cr.A.No.151/2022 affirming the judgment

dated 21.06.2022 passed by learned Judicial Magistrate First Class, Icchavar, Sehore in Criminal Case No.147/2007 whereby the petitioners have been convicted for offence under Section 323/34 of IPC (3 counts) and sentenced to undergo R.I. for six months with fine of Rs.500/-each with default stipulation.

3. The petitioners have preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioners does 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 petitioners have already undergone 04 months jail incarceration, their sentence be reduced to the period already undergone. It is further

submitted that the petitioners deserve some leniency as the petitioners already suffered the ordeal of the trial since 2022. It is further submitted that this petition be partly allowed and the sentence awarded to the petitioners be reduced to the period already undergone by enhancing the fine amount.

4. Learned Panel Lawyer for the respondent/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 petitioners appears to be just and proper. Hence, finding force in the contentions raised by the learned counsel for the petitioners and the fact that the petitioners suffered the ordeal of criminal case, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioners, 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 Signature Not Verified SAN

awarded to the petitioners is hereby reduced to the sentence already undergone Digitally signed by VAISHALI AGRAWAL Date: 2023.04.21 10:29:06 IST

b y increasing the fine amount to Rs.500/- (total Rs.1,500/- each) to be paid

within a period of two months from today. Since the petitioners is already on bail, their bail bonds stands discharged. It is made clear that if the petitioners fails to comply with the conditions as stipulated by this Court, as aforesaid, then the order of the appellate Court shall be revived and petitioners 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 vai

Signature Not Verified SAN

Digitally signed by VAISHALI AGRAWAL Date: 2023.04.21 10:29:06 IST