Mahendra Singh vs State Of M.P.
2023 Latest Caselaw 3444 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. 985 of 2010

                         BETWEEN:-
                         MAHENDRA SINGH S/O MAN SINGH, AGED ABOUT 22
                         YEAR S, OCCUPATION: AGRICULTURE RESIDENT OF
                         VILLAGE KAKARWAYA P.S.DEHAT DISTRICT SHIVPURI
                         (MADHYA PRADESH)

                                                                                        .....APPLICANT
                         (BY SHRI AKSHAT JAIN- ADVOCATE )

                         AND
                         STATE OF M.P. TH:P.S.KOTWALI, DISTRICT SHIVPURI
                         (MADHYA PRADESH)

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

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

Instant criminal revision under Section 397 read with Section 401 of

CrPC has been preferred by the applicant challenging the judgment dated 26- 11-2010 passed by Sessions Judge, Shivpuri in Criminal Appeal No. 194 of 2010 confirming the judgment dated 07-08-2010 passed by the Court of Judicial Magistrate Second Class, Shivpuri in Criminal Case No. 1280 of 2009, whereby the applicant has been convicted for theft of motorcycle under Section 379 of IPC and sentenced to undergo one year RI with fine of Rs. 1,000/- with default stipulation.

Signature Not Verified At the threshold, learned counsel for the applicant submits that he does Signed by: MAHENDRA BARIK Signing time: 3/1/2023 6:19:45 PM

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 2009 and the applicant has served in custody a period of 69 days out of total jail sentence and fine amount has already been deposited, therefore, it is prayed that substantive sentence awarded to applicant for the aforesaid offence may be reduced to the period already undergone by him.

On the other hand, State Counsel opposed the contentions of counsel for applicant and submitted that there is neither any occasion to interfere with the sentence awarded to applicant 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 2009 and applicant has so far served a period of 69 days in custody out of total jail sentence and so also, suffered the agony and trauma of protracted trial. Thus, looking to overall circumstances and also keeping in view the fact that offence in question was committed nearly 13 years back, it will be just and proper if sentence awarded by trial Court for offence under Section 379 of IPC is reduced to the period already undergone by applicant.

Accordingly, this revision is partly allowed. While maintaining conviction for offence under Section 379 of IPC, the sentence awarded to applicant is hereby reduced to the period already undergone by him. However, sentence of fine is enhanced to Rs.15,000/- from Rs.1,000/- as imposed by the trial Court. The fine amount, if any, deposited by applicant shall be adjusted in Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/1/2023 6:19:45 PM

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 applicant shall undergo further three months additional imprisonment, as awarded by the trial Court. Applicant is on bail, his bail bonds stands 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