Mohd.Shameem vs The State Of Madhya Pradesh
2023 Latest Caselaw 2066 MP

                                                          1
                                IN     THE      HIGH COURT OF MADHYA
                                                    PRADESH
                                                  AT JABALPUR
                                                BEFORE
                             HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                           ON THE 6 th OF FEBRUARY, 2023
                                        CRIMINAL REVISION No. 1309 of 2005

                          BETWEEN:-
                          MOHD. SHAMEEM S/O MOHD RAZA, AGED ABOUT
                          20 YEARS, R/O VILLAGE MADARIYA, PS KOTWALI,
                          SIDHI, DISTT. SIDHI (MADHYA PRADESH)

                                                                                 .....PETITIONER
                          (NONE)

                          AND
                          THE STATE OF MADHYA PRADESH (MADHYA
                          PRADESH)

                                                                                .....RESPONDENT
                          (BY SHRI RAGHUVAR PRAJAPATI - PANEL LAWYER)

                                This revision coming on for hearing this day, the court passed the
                          following:
                                                           ORDER

None appeared today on behalf of the petitioner, therefore, the Secretary, High Court Legal Services Committee is directed to appoint Shri Anand Nayak, Advocate as counsel for the petitioner and issue a formal appointment order.

Shri Anand Nayak, Advocate appeared on behalf of the petitioner. With consent of the parties heard finally. This criminal revision under Section 397/401 of Cr.P.C.has been

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 2/9/2023 3:31:56 PM

filed by the petitioner being aggrieved by the judgment dated 02.09.2005 passed by the learned II Additional Sessions Judge, Sidhi in Cr.A.No.95/04 affirming the judgment dated 31.08.2004 passed by learned Chief Judicial Magistrate, Sidhi in Criminal Case No.360/2004 whereby the petitioner has been convicted for offence under Section 379 of IPC and sentenced to undergo 01 year R.I.

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 upon conviction part of judgment. He confines his argument on the point of sentence only and prays that since the petitioner has already undergone 15 days jail

incarceration, his sentence be reduced to the period already undergone. It i s further submitted that the petitioner deserves some leniency as the petitioner already suffered the ordeal of the trial since 2004 i.e. for a period of 18 years. It is further submitted that this revision petition be partly allowed and the sentence awarded to the petitioner be reduced to the period already undergone.

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

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. Hence, finding force in the contentions raised by the learned counsel for the petitioner and the fact that the petitioner suffered the ordeal of criminal case since 2004, this Court finds it expedient to

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 2/9/2023 3:31:56 PM

partly allow this revision petition by affirming the conviction of the petitioner, however, reducing the sentence to the period already undergone.

Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone. Since the petitioner is already on bail, his bail bonds stands discharged.

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

C.C. as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE kafeel

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 2/9/2023 3:31:56 PM