Prahlad Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 3079 MP

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                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 20 th OF FEBRUARY, 2023
                                            CRIMINAL REVISION No. 3967 of 2022

                            BETWEEN:-
                            PRAHLAD RAJAK S/O SHRI MANSUK RAJAK, AGED
                            ABOUT   28   YEARS, VILLAGE BIDWA THANA
                            PANDOKHAR DISTRICT DATIA (MADHYA PRADESH)

                                                                                             .....PETITIONER
                            (BY SHRI DEEPAK SHRIVASTAV - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESH INCHARGE POLICE
                            STATION THROUGH POLICE THANA BHANDER
                            DISTRICT DATIA (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                            (BY SHRI B.M.SHRIVASTAVA - PUBLIC PROSECUTOR)

                                  Th is revision coming on for hearing this day, th e court passed the
                            following:
                                                                ORDER

This criminal revision under Section 397, 401 of Cr.P.C. has been filed

by the revisionist assailing the Judgment dated 27.09.2022 passed in Criminal Appeal No. 36/2022 by First Additional Sessions Judge to the Court of Sessions Judge Datia by which the judgement dated 04.04.2022 passed in Criminal Case No. 274/2015 by Judicial Magistrate First Class Bhander District Datia has been affirmed.

In brief, allegation against present petitioner is that a theft took place in the house of complainant in which a mobile of microsoft company, two purse,

Signature Not Verified 30,000/- rupees cash were stolen. On the aforesaid, FIR was lodged. Present Signed by: VIJAY TRIPATHI Signing time: 2/20/2023 6:34:03 PM

petitioner was apprehended. From his possession, stolen articles and 15,000/- rupees were recovered. After investigation charge-sheet has been submitted. T he petitioner preferred an appeal against the judgment before the appellate court. The appellate court set aside his appeal.

Learned counsel for the petitioner made submission that incident is of the year 2015 and around 7 years have been passed. In these situation, he does not want to press his petition on merits. It is submitted that in lieu of sentence, fine amount may be enhanced.

In view of the arguments advanced by the counsel for the petitioner and after perusing the record, the incident took place in the year 2015, around 07

years have been passed, in these situation, in lieu of sentence of one year imposed under Section 457 of IPC and sentence of two years' imposed under Section 380 of IPC is reduced to t h e period already undergone by him, enhancing the fine amount under Section 457 of IPC from Rs.500/- to Rs.5,000/- and enhancing the fine amount under Section 380 of IPC from Rs.1000/- to Rs.10,000 /-which shall be paid to complainant and already deposited fine amount be adjusted by way of compensation.

The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which petitioner shall undergo the original sentence awarded by the trial Court. The appellant is on bail, in case the fine amount is deposited by him, his bail bonds stands discharged.

With the aforesaid modification, the revision petition stands disposed of.

(DEEPAK KUMAR AGARWAL) Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/20/2023 6:34:03 PM

JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/20/2023 6:34:03 PM