Ramsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13187 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                               ON THE 14 th OF AUGUST, 2023
                                           CRIMINAL REVISION No. 404 of 2016

                           BETWEEN:-
                           1.    RAMSINGH S/O JANSINGH @ JAMSINGH KORKU,
                                 AGED ABOUT 35 YEARS, VILLAGE - MACHWAS,
                                 TEHSIL AND P.S. KHATEGAON, DIST. DEWAS
                                 (MADHYA PRADESH)

                           2.    MAMTABAI W/O JAAMSINGH, AGED ABOUT 60
                                 Y E A R S , VILLAGE MACHWAS TEHSIL P.S.
                                 KHATEGAON DEWAS (MADHYA PRADESH)

                           3.    RAMTUBAI W/O RAMSINGH KORKU, AGED
                                 ABOUT 27 YEARS, VILLAGE MACHWAS TEHSIL
                                 P.S. KHATEGAON DEWAS (MADHYA PRADESH)

                                                                                        .....APPLICANTS
                           (SHRI VIKAS YADAV, LEARNED COUNSEL FOR THE APPLICANTS.)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THRU. P.S. KHATEGAON, DISTT. DEWAS
                           (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           ( SHRI RAHUL SOLANKI, LEARNED G.A. FOR THE STATE.)

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

The revision petition under Section 397 read with Section 401 of Cr.P.C. has been filed by the applicants being aggrieved by the judgment dated 17.03.2011 passed in Criminal Case no.1413/2004 by learned Judicial Magistrate First Class, Khategaon, District-Dewas, and affirmed by the Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 16-08-2023 20:04:03

Appellate Court vide judgment dated 16.03.2016 passed in Criminal Appeal No.101/2011 by Additional Sessions Judge, Khategaon, District-Dewas under section 341, 323/34 and 325/34 of the IPC.

2. Counsel for the applicants submit that incident has taken place in the year 2002. The jail sentence of the applicants were suspended by this Court vide order dated 05.04.2016. The applicants were in custody from 16.03.2016 to 06.04.2016. Applicants has already undergone jail sentence of 22 days. It is argued that no purpose would be served in sending the applicants in jail after such a long period. Hence counsel prayed that the jail sentence of the applicants be reduced to the period already undergone and the fine amount may be

enhanced.

3. After hearing learned counsel for the parties and taking into consideration that the incident had taken place in year 2002 and the applicants were granted bail and sentence was suspended, I am of the view that no purpose would be served sending them to jail after such long period. Accordingly, the conviction of the appllicants are maintained and jail sentence of the applicants is reduced to the period already undergone. The fine amount is enhanced by Rs.3,000/- each. The said amount shall be deposited before the Trial Court within period of three months from the release of the applicants, failing which the applicants shall be taken into custody and shall serve a S.I for one month. The deposited amount shall be paid to the complainant Jeevansingh.

With the aforesaid, the Revision Petition is partly allowed and disposed off.

The bail bonds shall stand discharged, after deposit of fine amount.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 16-08-2023 20:04:03

(PRAKASH CHANDRA GUPTA) JUDGE ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 16-08-2023 20:04:03