Irfan vs The State Of Madhya Pradesh
2023 Latest Caselaw 20354 MP

Madhya Pradesh High Court

Irfan vs The State Of Madhya Pradesh on 4 December, 2023

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                           CRIMINAL REVISION No. 4550 of 2023

                           BETWEEN:-
                           IRFAN S/O MOHAMMED SHEIKH, AGED ABOUT 34
                           YEAR S, OCCUPATION: DRIVER R/O NEAR LABRIYA
                           BHERU CHANDAN       NAGAR  INDORE (MADHYA
                           PRADESH)

                                                                                        .....PETITIONER
                           (SHRI NEERAJ GAUR - ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION KOTWALI DISTT.
                           DEWAS (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           ( SHRI RAJESH JOSHI -GOVT. ADVOCATE).
                                                    Reserved on :30.11.2023
                                                    Delivered on :04.12.2023
                                 T h is criminal revision having been heard and reserved for orders,
                           coming on for pronouncement this day, the court passed the following:
                                                               ORDER

With consent of the parties heard finally.

1. This criminal revision under Section 397 of Cr.P.C. has been filed by the petitioner being aggrieved by the judgment dated 17.08.2023, passed by the learned Second ASJ, District Dewas, in CRA No.24/2022, affirming the judgment dated 27.01.2022, passed by learned Chief Judicial Magistrate, in Criminal Case No.3003844/2013, whereby the petitioner has been convicted for the offence under Section 3/7 of Essential Commodities Act and sentenced to

undergo one year RI with fine of Rs.1,000/-, with default stipulations.

2. The petitioner has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioner did not press this revision on merits and not assail the finding part of judgment.. He confines his argument on the point of sentence only and prays that since the petitioner has already undergone approximately 3 months 15 days in jail incarceration, his sentence be reduced to the period already undergone. The petitioner deserves some leniency as he has already suffered the ordeal of the trial for a period of 05 months. It is further submitted that this petition be partly allowed and the sentence awarded to the petitioner be reduced to the period

already undergone by enhancing the fine amount.

3. Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

4. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper.

5. Further, it is found that the Court below considered the evidence available on record and correctly found that the case of the prosecution is well supported by the witnesses and documentary testimony. The procedure was well followed by the prosecution and the witnesses of prosecution have profoundly supported the prosecution case. The Court below has well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by the Court below, accordingly, the same is upheld.

6. So far as the sentence of the petitioner is concerned, looking to the gravity of offence and nature of allegation and the fact that the applicant has

already completed custody period of three months fifteen days out of one year, this Court finds it expedient to partly allow this revision petition by reducing the sentence of the petitioner by enhancing the fine amount.

7. Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone by increasing the fine amount from Rs.1,000/- to Rs. 10,000/- under Section 3/4 of Essential Commodities Act to be paid by the petitioner within a period of one month from today. The bail bond of the petitioner, if any, shall be discharged after depositing of the fine amount. If petitioner fails to deposit the fine amount, he will suffer 02 months of simple imprisonment in default.

8. The order of learned trial Court regarding disposal of the seized property, if any, stands confirmed.

9. A copy of this order be sent to the concerned trial Court for necessary compliance.

10.Pending application, if any, stands closed.

Certified copy, as per rules.

(PREM NARAYAN SINGH) JUDGE VD