Vijay @ Brajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12889 MP

                                                                            1
                           IN        THE           HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                          ON THE 9 th OF AUGUST, 2023
                                                  CRIMINAL REVISION No. 1568 of 2023

                          BETWEEN:-
                          VIJAY @ BRAJESH S/O DINESH SHARMA, AGED ABOUT
                          36   YEARS, OCCUPATION: LABOUR R/O VILLAGE
                          KAKRIYA, P.S.HARDA, TAHSIL HARDA DISTT. HARDA
                          (MADHYA PRADESH)

                                                                                                                       .....PETITIONER
                          (BY SHRI SHREYAS PANDIT - ADVOCATE WITH SHRI MARTAND PALIWAL
                          - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH
                          P.S.HARDA DISTRICT-HARDA (MADHYA PRADESH)

                                                                                                                     .....RESPONDENT
                          (BY SHRI MANOJ KUSHWAHA - PANEL LAWYER)
                          --------------------------------------------------------------------------------------------------
                          RESERVED ON                     : 03.08.2023
                          PRONOUNCED ON : 09.08.2023

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

                          following:
                                                                              ORDER

This revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 has been filed assailing the appeal judgment dated 08.04.2013 passed by Sessions Judge, Harda in Criminal Appeal No.18/2023 whereby appeal preferred against the judgment of conviction and order of sentence dated 08.02.2023 passed in Criminal Case No.918/2017 (State of M.P. Vs. Vijay @ Brijesh) by JMFC, Harda convicting the applicant for commission of offence under Section 14 of M.P. Raja Suraksha Adhiniyam, Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 8/10/2023 10:58:34 AM

1990 (hereinafter referred to as "Adhiniyam,1990") and sentencing him to undergo 6 months R.I. and fine of Rs.1000/- with default stipulation, has been affirmed.

2. As per the prosecution story applicant Vijay @ Brijesh by an externment order dated 28.4.2017 (Ex.P/4) passed by District Magistrate, Harda, was directed to leave the area of district Harda and adjacent districts Hoshangabad, Khandwa, Dewas, Sehore and Betul for a period of six months within 48 hours from the date of receipt of the order and not to enter in the said area for a period of one year without permission of the competent authority. It is alleged that on 22.06.2017, Head Constable Rajesh Raghuwanshi (P.W.4)

received a secret information that Vijay @ Brijesh despite being externed is seen in village Kakriya district Harda. After apprising Head Constable Anup Kamle (P.W.2) and Asst. Sub Inspector Sunil Kaithwas (P.W.3) with the said information, they all proceeded to village Kakriya. When they reached village Kakriya, they came to know that Vijay @ Brijesh has left towards Masangaon Railway station. When constable Rajesh Raghuwanshi alongwith police force reached at Masangaon railway station, applicant/ accused by noticing presence of police attempted to flee from there but he was encircled and with the help of police force and passengers, he was apprehended and arrest memo Ex.P/2 was prepared. He was brought to police station Harda. After coming over to police station, F.I.R was registered at Crime No.594/2017 and an offence under section 14 of the Adhiniyam, 1990 was registered. After investigation charge sheet was filed before JMFC, Harda.

3. Learned JMFC, Harda framed the charge for commission of offence under Section 14 of the Rajya Shuraksha Adhiniyam, 1990 but accused

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 8/10/2023 10:58:34 AM

did not plead guilty and claimed to be tried.

4. In order to prove its case, prosecution examined Balram Singh (P.W.1), Anup Kamle (P.W.2), Sunil Kaithwas (P.W.3) and Head Constable Rajesh Raghuwanshi (P.W.4). In defence, applicant/ accused did not examine any witness.

5. Learned trial Court after hearing both the parties, convicted the applicant for commission of aforesaid offence and sentenced him as mentioned hereinabove.

6. At the very outset, learned counsel for the applicant has submitted that applicant does not want to challenge the conviction and order of sentence recorded by the learned trial court in Criminal Case No.918/2017 vide judgment dated 08.02.2023 and the appeal judgment passed in Cr.A.No.18/2023 vide judgment dated 08.04.2023 whereby conviction and sentence has been affirmed. It is submitted that the applicant is the first offender. He has no criminal background. He has already suffered more than four months in jail. The maximum punishment awarded by the courts below is six months. Therefore, he has prayed for reduction of the jail sentence to the period already undergone by the applicant so far.

7. On the other hand, learned panel lawyer for the State has supported the impugned judgment passed by the court below but has fairly admitted that

applicant has already undergone the period of more than four months in jail. Therefore, he has no objection if the period of sentence is reduced to the period of more than four months already undergone by the applicant so far.

8. I have heard the learned counsel for the parties and perused the impugned judgment and the record of the courts below.

9. Constable Rajesh Raghuwanshi (P.W.4) in his evidence has Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 8/10/2023 10:58:34 AM

deposed that on 22.6.2017 he was posted as Head Constable in Civil Line police outpost of district Harda. He had received an information that applicant Vijay @ Brijesh despite being externed by the order of District Magistrate is seen within the territory of district Harda. He alongwith ASI Sunil Kaithwas, Head Constable Surendra Tomar, Constable Anup Kamle proceeded for village Kakriya. Accused was apprehended at Masangaon railway station. He was arrested and arrest memo (Ex.P/1) was prepared. It is his evidence that applicant Vijay by Ex.P/2 order passed by the then District Magistrate, Harda was externed and was directed to leave the area of District Harda, Hoshangabad, Khandwa, Dewas, Sehore and Betul. That order was duly served on the applicant. A copy of service of that order is Ex.P/5. He proved Ex.P/6 and Ex.P/7 entries about departure and arrival in the police station after arresting the applicant/accused. The aforesaid evidence of Rajesh Raghwanshi (P.W.4) stands corroborated from the evidence of A.S.I. Sunil Kaithwas (P.W.3) and Anup Kamle (P.W.2). Thus, on examining the evidence of aforesaid witnesses meticulously, it is apparent that the learned trial court has not committed any error in convicting the appellant for commission of offence under section 14 of the Adhiniyam, 1990 and awarding the sentence as mentioned above. Thus, no infirmity is found in the appeal judgment passed by the learned Sessions Judge affirming the judgment of conviction passed by learned JMFC Harda. Hence, the findings of conviction recorded by the courts below being as per law are hereby affirmed.

10. As far as the argument of learned counsel for the applicant about reduction in jail sentence is concerned, it cannot be over looked that learned trial court in para-19 of its judgment has noted that applicant/accused is a the first

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 8/10/2023 10:58:34 AM

offender. He is in jail since 08.04.2023 and remained in jail during trial for a period of 14 days i.e from 22.06.2017 to 05.07.2017. Thus, it is apparent that accused/ applicant has already undergone more than 04 months and 14 days jail sentence. The sentence awarded by the trial court and affirmed by the appellate court is of six months.

11. Having taken into consideration the fact that accused /applicant has already suffered more than 04 months and 14 days of jail sentence, I am of the view that it would be just and proper if the jail sentence so awarded is modified and reduced to the period already undergone by the applicant so far. Consequently, this revision is partly allowed. The judgment of conviction is affirmed but the jail sentence is modified and applicant is sentenced to the period already undergone by him so far with the fine imposed by the trial court.

12. Registry/ trial Court is directed to prepare super session warrant and to send it to the Jail Superintendent, Harda to release the applicant in this case then and there, if he is not warranted in any other case. Record of the Courts below along with a copy of the order be sent down to the Court concerned through Sessions Judge, Harda.

(DINESH KUMAR PALIWAL) JUDGE MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 8/10/2023 10:58:34 AM