Raj Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 2776 MP

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         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                                       BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 15th OF FEBURARY, 2023

                   CRIMINAL REVISION NO.552 OF 2023

       BETWEEN:-

       RAJKUMAR S/O SHRI HARI SHANKAR
       KHATEEK, AGED 37 YEARS, OCUUPATION-
       PRIVATE WORK, R/O SAISPURA, DISTRICT-
       SHIVPURI (MADHYA PRADESH)

                                                                   ........PETITIONER
       (BY SHRI AVADHESH PARASHAR - ADVOCATE)

       AND

       STATE OF MADHYA PRADESH THROUGH
       POLICE STATION- KOTWALI, DISTRICT-
       SHIVPURI (MADHYA PRADESH)


                                                                  ........RESPONDENT

       (BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR)

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       This petition coming on for orders this day, the Court passed the
following:
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                                       ORDER

This revision under Section 397/401 of Cr.P.C. has been filed by the petitioner against the judgment dated 31/08/2019 passed by Sessions Judge, District- Shivpuri (M.P.) in Criminal Appeal No.459/2018, affirming the order dated 11/09/2018 passed in Case No.RCT 2801175/2016 by JMFC,

District- Shivpuri (M.P.), whereby the petitioner has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 327 of IPC 3 Months RI 500/- -

Learned counsel for the petitioner submits that incident is of the year 2016 and more than 6 years have lapsed. Learned counsel for the petitioner confined his argument only to the point of sentence and prays that the sentence awarded to him modified to the extent that period already undergone by him would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the petition has submitted that the learned trial Court as well as Appellate Court have arrived on the appropriate findings and rightly passed the impugned judgments of conviction and sentence.

Looking to the facts and circumstances of the case, ends of justice would meet if jail sentence of the petitioner is reduced to the period already undergone by him.

Accordingly, criminal revision is partly allowed. While maintaining the petitioner' conviction for offence under Section 327 of IPC, the sentence awarded to him is hereby reduced to the period already undergone by him. If the petitioner is on bail, his bail bonds and surety bonds stand discharged.

A copy of this judgment along with the record of the trial Court be sent back forthwith.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Digitally signed by RAHUL SINGH PARIHAR

RAHULrahul SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c

PARIHAR de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4 AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.02.17 18:32:53 +05'30'