Mohar Singh vs State Of M.P.
2023 Latest Caselaw 3438 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 27 th OF FEBRUARY, 2023
                                          CRIMINAL REVISION No. 891 of 2010

                         BETWEEN:-
                         1.    MOHAR SINGH S/O PRABHULAL, AGED ABOUT 21
                               YEARS,     RESIDENT      OF      VILLAGE
                               MOHANPUR,TEHSIL LATERI, DISTRICT VIDISHA
                               (MADHYA PRADESH)

                         2.    GAVA S/O SHRI RATIRAM BHEEL, AGED ABOUT
                               22 YEARS, RESIDENT OF MOHANPUR TEHSIL
                               LATERI, DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI RAHUL BANSAL- ADVOCATE)

                         AND
                         STATE OF M.P. TH:THROUGH POLICE STATION LATERI,
                         DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                         (BY SHRI PRAMOD PACHAURI- LEARNED PUBLIC PROSECUTOR)

                               This revision coming on for HEARING this day, the court passed the

                         following:
                                                            ORDER

Instant criminal revision under Section 397 read with Section 401 of CrPC has been preferred by the applicants challenging the judgment dated 13th October, 2010 passed by Additional Judge to the Court of Additional Sessions Judge, Sironj, District Vidisha in Criminal Appeal No. 52 of 2005 confirming the judgment dated 27-01-2005 passed by the Court of JMFC, Lateri, District Vidisha in Criminal Case No. 336 of 2001, whereby the applicants have been

Signature Not Verified convicted under Section 323/34 of IPC (two counts) and sentenced to undergo Signed by: MAHENDRA BARIK Signing time: 3/1/2023 6:19:45 PM

three-three months rigorous imprisonment and they have further been sentenced to undergo six- six months rigorous imprisonment with fine of Rs.100-100/- for offence under Section 325/34 of IPC.

At the threshold, learned counsel for the applicants submits that he does not challenge the finding of conviction but he confines his argument to the quantum of sentence part only. It is contended that since occurrence has taken place as back as in the year 2001, the applicants were never in custody for a single day, they were on bail during trial and they had never misused the liberty of bail granted to them and, the fine amount has already been deposited by them, therefore, it is prayed that sentence awarded to them for the aforesaid

offences may be reduced to the period already undergone by them.

On the other hand, State Counsel opposed the contentions of counsel for applicants and submitted that there is neither any occasion to interfere with the sentence awarded to applicants nor any compassion or sympathy is called for in the said case.

Heard counsel for the parties and perused impugned judgment as well as record.

It is not disputed that occurrence relates to year 2001, the applicants are the first offenders, they were never in custody for a single day, they were on bail during trial and they had never misused the liberty granted to them. Fine amount has already been deposited by him. Thus, looking to overall circumstances and also keeping in view the fact that offence in question was committed nearly 21 years back, it will be just and proper if sentence awarded to the applicants by trial Court for aforesaid offences is reduced to the period already undergone by them.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/1/2023 6:19:45 PM

Accordingly, this revision is partly allowed. While maintaining conviction for aforesaid offences under section 323/34 (on two counts), 325/34 of IPC, the sentence awarded to the applicants is hereby reduced to the period already undergone by them. However, sentence of fine is enhanced to Rs.5,000/- from Rs.100-100/- as awarded under Section 325/34 of IPC by the trial Court. The fine amount, if any, deposited by applicants shall be adjusted in the enhance amount. Two months' time from the date of receipt of copy of this order is hereby granted to deposit the aforesaid fine amount and the same shall be payable to complainant by way of compensation, failing which applicants shall undergo further one month additional imprisonment. Applicants are on bail, their bail bonds stand discharged.

Let a copy of this order along with record of trial Court be sent back forthwith.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/1/2023 6:19:45 PM