Lala Shah vs The State Of Madhya Pradesh
2023 Latest Caselaw 2622 MP

                                                              1
                          IN     THE       HIGH        COURT OF MADHYA                      PRADESH
                                                         AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 13 th OF FEBRUARY, 2023
                                            CRIMINAL REVISION No. 927 of 2014

                          BETWEEN:-
                          LALA SHAH S/O BABU SHAH, AGED ABOUT 37 YEARS,
                          OCCUPATION: DRIVER AYODHYA BASTI, PIPLIYA
                          MANDI, MANDSAUR, DISTRICT MANDSAUR (MADHYA
                          PRADESH)

                                                                                          .....PETITIONER
                          (BY SHRI SHAILENDRA SHRIVASTAVA-ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THRU. P.S. KANAD,
                          DISTRICT SHAJAPUR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                            (BY SHRI VISHAL PANWAR-P.L. )

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

This revision u/S.397/401 of the Cr.P.C. is against the judgment of conviction and sentence dated 1.08.2014 passed by Additional Sessions Judge,

Agar, district Shajapur in ST No.540/2012 arising out of judgment dated 20.10.2012 passed by JMFC, Agar in cr.case No.940/2011 whereby the appellate court has dismissed the appeal filed by the applicant and applicant has been convicted u/S 338 IPC and sentenced to undergo RI for 6 month and fine of Rs.500/- with default stipulation.

Counsel for applicant submits that the applicant has already undergone jail sentence of 27 days and the incident had taken place in the year 2011. The applicant was on bail during trial, appeal and revision and did not misuse the Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 14-Feb-23 10:55:54 AM

liberty. No purpose would be served in sending the applicant in jail after such long period. Therefore, the applicant may be sentenced to the period already undergone and fine amount may be increased which may be directed to be paid to the complainant.

Counsel for State do not dispute the aforesaid facts. After hearing learned counsel for parties and taking into consideration the short jail sentence of the applicant and the period already undergone by him, further the incident had taken place in the year 2011 and the applicant has maintained good record and did not misuse the liberty and no purpose would be served in sending the applicant in jail after such long period, I am of the

opinion that a case is made out for sentencing the applicant to the period already undergone with enhancement of fine amount. .

In view of aforesaid, the revision is partly allowed. The conviction is maintained. The jail sentence of the applicant is reduced to the period already undergone by him and the fine amount is enchnaced from Rs. 500/- to Rs.5,000/- which shall be paid within a period of two weeks from today. Out of the said amount Rs.4,500/- shall be paid by the trial court to the complainant. The bail bonds of the applicant shall be discharged after deposit of the enhanced fine amount. In case if the applicant fails to deposit the fine amount within the aforesaid period, the applicant shall undergo the remaining jail sentence as per the order of appellate court.

C.c as per rules

(VIJAY KUMAR SHUKLA) JUDGE Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 14-Feb-23 10:55:54 AM

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 14-Feb-23 10:55:54 AM