Lambu @ Hemant @ Bablu vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 2496 MP

                                                           1
                           IN     THE     HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                             BEFORE LOK ADALAT
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                       &
                                       SHRI DILEEP AWASTHI, ADVOCATE.
                                            ON THE 11 th OF FEBRUARY, 2023
                                          CRIMINAL REVISION No. 3579 of 2018

                          BETWEEN:-
                          LAMBU @ HEMANT @ BABLU S/O SHRI BABU SINGH
                          JADON, AGED ABOUT 40 YEARS, RESIDENT OF
                          PREMNAGAR CHAR SAHAR KA NAKA HAJIR, DISTRICT
                          GWALIOR (MADHYA PRADESH)

                                                                                       .....APPLICANT
                          (SHRI PREM SINGH BHADAURIA- COUNSEL FOR THE APPLICANT )

                          AND
                          THE STATE OF MADHYA PRADESH THR INCHARGE
                          POLICE STATION PS GWALIOR, DISTRICT GWALIOR
                          (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                          (SHRI VPS TOMAR- COUNSEL FOR THE RESPONDENT- STATE)

                                This revision coming on for conciliation this day, the Bench passed the

                          following:
                                                            ORDER

The instant revision under Section 397 read with Section 401 of CrPC is directed against appellate judgment dated 17-07-2018 passed by Second Additional Sessions Judge, Gwalior in Criminal Appeal No.563 of 2017, whereby conviction of appellant for offence under Section 379 of IPC as recorded by JMFC, Gwalior vide judgment dated 27-09-2017 passed in Criminal Case No.18350 of 2010 and consequent sentence of one year's RI was affirmed.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/14/2023 12:49:06 PM

Allegation against the present appellant is of committing theft of motorcycle of complainant and the incident is of the year 2010. More than 12 years have already passed. The appellant was on bail during trial and appeal and he has never misused the liberty so granted. Vide order dated 30-07-2018, the remaining execution of jail sentence of appellant has already been suspended by this Court.

Now, complainant Santosh Sharma is present in person and marked his presence in Docket. He submits that he does not want to proceed the matter further. Shri Bhadauria, learned counsel for the applicant has no objection to aforesaid submission made by complainant.

In view of aforesaid, this criminal revision stands disposed of. As a consequence thereof, the appellate judgment dated 17-07-2018 passed by Second Additional Sessions Judge, Gwalior in Criminal Appeal No.563 of 2017 as well as the judgment dated 27-09-2017 passed by JMFC, Gwalior in Criminal Case No.18350 of 2010 is hereby set aside. The appellant is on bail, therefore, his bail bond and surety bond stand discharged.

Let a copy of this order be sent to Courts below for information.

                            (DEEPAK KUMAR AGARWAL)                                 (DILEEP AWASTHI .)
                                     MEMBER                                            MEMBER
                          MKB




Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 2/14/2023
12:49:06 PM