Nazeem Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 2868 MP

                                                                            1
                                        IN     THE        HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                 BEFORE
                                              HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                            ON THE 16 th OF FEBRUARY, 2023
                                                          CRIMINAL REVISION No. 114 of 2023

                                       BETWEEN:-
                                       NAZEEM KHAN S/O SHRI PEER KHAN, AGED ABOUT 27
                                       YEARS, R/O H.NO. 892, SHAHNSHAH GARDEN ASHOKA
                                       GARDEN BHOPAL, DISTRICT-BHOPAL (MADHYA
                                       PRADESH)

                                                                                                      .....PETITIONER
                                       (BY SHRI KAPIL SHARMA - ADVOCATE)

                                       AND
                                       THE STATE OF MADHYA PRADESH THROUGH POLICE
                                       STATION ASHOKA GARDEN, BHOPAL DISTRICT-
                                       BHOPAL (MADHYA PRADESH)

                                                                                                     .....RESPONDENT
                                       (BY SHRI PRAMOD KUMAR CHOUBEY - DEPUTY GOVERNMENT
                                       ADVOCATE FOR THE RESPONDENT/STATE )

                                              This revision coming on for admission this day, th e court passed the
                                       following:
                                                                             ORDER

With consent of the parties heard finally.

This criminal revision under Section 397/401 of Cr.P.C. has been filed by the petitioner being aggrieved by the judgment dated 30.08.2022 passed by the learned 15th Additional Sessions Judge, Bhopal in Cr.A.No.151/2017 affirming the judgment dated 25.01.2017 passed by learned Chief Judicial Magistrate,

Signature Not Verified Bhopal in RT No.7516/2016 whereby the petitioner has been convicted for SAN

Digitally signed by VAISHALI AGRAWAL offence under Sections 457 and 380 of IPC and sentenced to undergo 01 year Date: 2023.02.17 10:45:34 IST

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 6 months in jail incarceration, his sentence be reduced to the period already undergone. It is further submitted that the petitioner deserves some leniency as the petitioner already suffered the ordeal of the trial since 2017 i.e. for a period of 5 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 Deputy Government for the respondent/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 2017 this Court finds it expedient to 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 Signature Not Verified SAN compliance.

Digitally signed by VAISHALI AGRAWAL Date: 2023.02.17 10:45:34 IST C.C. as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE vai

Signature Not Verified SAN

Digitally signed by VAISHALI AGRAWAL Date: 2023.02.17 10:45:34 IST