Chhotelal @ Ramlakhan Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 3446 MP

                                                               1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                               ON THE 27 th OF FEBRUARY, 2023
                                             CRIMINAL REVISION No. 485 of 2023

                          BETWEEN:-
                          CHHOTELAL @ RAMLAKHAN KUSHWAHA S/O
                          RAMKRIPAL KUSHAWAHA, AGED ABOUT 42 YEARS,
                          OCCUPATION: LABOURER R/O- ( PERMANENT)
                          VILLAGE- CHANDAI POLICE STATION - JAITWARA
                          DISTRICT SATNA (M.P.) (CURRENT) - SANT NAGAR,
                          GHURDANG KUSHWAHA KALONY, SATNA (MADHYA
                          PRADESH)

                                                                                             .....APPLICANT
                          (BY SHRI MAHENDRA SINGH - ADVOCATE FOR THE APPLICANT)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH P.S.
                          KOLGAWA DISTRICT- SATNA (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                          (BY SHRI DINESH PATEL - PANEL LAWYER FOR THE STATE)

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

With consent of the parties, this revision has been heard finally at the motion hearing stage.

2. This criminal revision under Section 397/401 of Cr.P.C.has been filed by the applicant being aggrieved by the judgment dated 25.01.2023 passed by the

learned VIIIth Additional Sessions Judge, Satna in Cr.A.No.68/2017 affirming the judgment dated 21.02.2017 passed by learned Chief Judicial Magistrate First Class-Satna in RCT/2202127/2012 whereby the applicant has been convicted Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 01-Mar-23 4:51:23 PM

for offence punishable under Section 379 of IPC and sentenced to undergo R.I. for 01 year with fine of Rs.1,000/- with default stipulations.

3. The applicant has preferred this criminal revision on several grounds but, during the course of arguments, learned counsel for the applicant did not press this revision on merits and did not assail the finding of conviction part of judgment. He confines his argument on the point of sentence only and prays that since the applicant has already undergone approximately 01 month of jail incarceration, his sentence be reduced to the period already undergone. It is further submitted that the applicant deserve some leniency as the applicant had already suffered the ordeal of the trial since 2017 i.e. for a period of almost 06

years. It is further submitted that this revision petition be partly allowed and the sentence awarded to the applicant be reduced to the period already undergone by enhancing the fine amount.

4. Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

5. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the applicant appears to be just and proper. Hence, I find force in the contentions raised by the learned counsel for the applicant and the fact that the applicant 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 applicant, however, reducing the sentence to the period already undergone by increasing the fine amount.

6. Accordingly, this revision petition is partly allowed and the sentence awarded to the applicant is hereby reduced to the sentence already undergone by increasing the fine amount to Rs.25,000/-. Since the applicant is in jail, he be released forthwith on depositing of fine amount, if his custody is not required in Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 01-Mar-23 4:51:23 PM

any other case.

7. It is made clear that if the applicant fails to comply with the conditions as stipulated by this Court, as aforesaid, then the order of the appellate Court shall be revived and applicant shall have to suffer the jail sentence as already imposed by the appellate Court.

8. A copy of this order be send to the concerned trial Court for necessary compliance.

Certified copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 01-Mar-23 4:51:23 PM