Firoz vs The State Of Madhya Pradesh
2023 Latest Caselaw 12532 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                  ON THE 3 rd OF AUGUST, 2023
                                             CRIMINAL REVISION No. 2379 of 2023

                           BETWEEN:-
                           FIROZ S/O SHRI PIRU PATHAN MUSALMAN, AGED
                           ABOUT 27 YEARS, OCCUPATION: LABORER, R/O GRAM
                           NANDRA,    THANA    MANDLESHWER,      DISTRICT
                           KHARGONE, CURRENT R/O- BEHIND NAI MAZID,
                           SANJAY NAGAR, KHARGONE (MADHYA PRADESH)

                                                                                               .....APPLICANT
                           (SHRI DIGPAL SINGH RATHORE - ADVOCATE.)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION BARWAH,
                           DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                           (SHRI AMIT RAWAL - GOVERNMENT ADVOCATE.)

                                 T h is revision coming on for orders this day, t h e cou rt passed the
                           following:
                                                                ORDER

01. The present revision is filed under Section 397 r/w Section 401 of the Code of Criminal Procedure, 1973 against the judgment dated 30.07.2022 passed in RCT No.262/2018 passed by JMFC, Barwah, District Khargone whereby they have been convicted under Section 379 of IPC and sentence to 3 years' R.I. with fine of Rs.200/- with default stipulation. Thereafter, they filed an appeal before the Third Additional Session Judge, Barwah, District Khargone which came to be dismissed vide order dated 02.12.2022 in Criminal Appeal No.37/2022 maintaining the conviction and sentence both. Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 03-08-2023 17:19:47

Prosecution story in short is as under:

02. On 18.05.2018, at near about 13:00 to 13:30, a motorcycle bearing registration No.MP-09-MQ-0518 has been stolen which was parked in the High Court. An FIR was registered against an unknown person. This applicant was arrested and on his disclosure this motorcycle was recovered. He was tried under Section 379 and convicted by the Session Court thereafter, the appeal was filed and same was also dismissed.

03. Learned counsel for the applicant submits that out of 3 years, he has undergone 2 years and 6 months, therefore, there is no minimum sentence provided under Section 379 of Cr.P.C. hence, same may kindly be reduced to

the period already undergone.

04. The aforesaid prayer is liable to be considered had this appellant been the first offender but as many as 6 motorcycles have been recovered from the possession of this applicant. There are three cases of similar nature registered against him but in remaining two cases he has undergone the sentence and now only in one case he is in jail.

05. No purpose would be served to admit this revision and suspend the sentence for the period of four months especially when he is a habitual offender because other cases registered against him are of similar nature. As many as 6 motorcycles have been recovered from the possession of the present applicant.

06. In view of the above, no case for reduction of sentence is made out. Accordingly, present petition stands dismissed.

(VIVEK RUSIA) JUDGE Divyansh Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 03-08-2023 17:19:47

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 03-08-2023 17:19:47