Banesingh @ Bannu vs The State Of Madhya Pradesh
2023 Latest Caselaw 3471 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 27 th OF FEBRUARY, 2023
                                             CRIMINAL REVISION No. 808 of 2015

                           BETWEEN:-
                           1.    BANESINGH @ BANNU S/O KALUJI, AGED ABOUT
                                 28 YEARS, VILLAGE SUMRAKHEDI, P.S. AAGAR,
                                 DISTT. SHAJAPUR (MADHYA PRADESH)

                           2.    BABULAL S/O NANURAM, AGED ABOUT 23 YEARS,
                                 OCCUPATION: NIL, R/O: VILL. SUMRAKHEDI, P.S.
                                 AGAR, DIST. SHAJAPUR (MADHYA PRADESH)

                                                                                              .....APPLICANTS
                           (BY SHRI NILESH DAVE - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH COLLECTOR/
                           DISTRICT MAGISTRATE SHAJAPUR THRU. DISTRICT
                           MAGISTRATE, SHAJAPUR (MADHYA PRADESH)

                                                                                             .....RESPONDENT
                           (BY SHRI SUDHANSHU VYAS - PANEL LAWYER)

                                 This revision coming on for direction this day, th e court passed the

                           following:
                                                               ORDER

This revision u/S.397/401 of the Cr.P.C. arising out of order of conviction and sentence dated 24.06.2015 passed by ASJ, Agar, Dist. Shajapur in CRA No.115/2013 affirming the judgment of conviction and sentence dated 22.01.2013 passed by JMFC, Agar, Dist. Shajapur in Criminal Case No.160/2011, whereby the applicants have been convicted u/S. 324/34 and 325/34 of IPC and sentenced to undergo RI for 06 months and 1 year with fine

Signature Not Verified of Rs.300/- and Rs.300/- respectively with default stipulation. Signed by: ANUSHREE PANDEY Signing time: 28-02-2023 11:23:50

Counsel for applicants submits that the applicants have already undergone jail sentence of 19 days and the incident is said to have taken place in the year 2011. The applicants were on bail during trial, appeal and revision and did not misuse the liberty. They maintained good record and relation with the complainant. No purpose would be served in sending the applicants in jail after such a long period. Therefore, the applicants may be sentenced to the period already undergone and fine amount may be increased which may be directed to be paid to the complainant.

Counsel for State do not dispute the aforesaid facts. After hearing learned counsel for parties and taking into consideration the

short jail sentence of the applicants and the period already undergone by them, I am of the opinion that a case is made out for sentencing the applicants to the period already undergone with enhancement of fine amount. Further the incident had taken place in the year 2011 and the applicants have maintained good record and did not misuse the liberty. No purpose would be served in sending the applicants in jail after such a long period.

Therefore, the revision is partly allowed. The conviction part of the impugned judgments is maintained. The jail sentence of the applicants is reduced to the period already undergone by them and the fine amount is enhanced from Rs.300/- to Rs.3000/- in each section, which shall be paid to the complainant by the trial Court. The applicants shall deposit the fine amount within a period of 60 days from today. The bail bonds of the applicants shall be discharged after deposit of the fine amount. In case if the applicants fail to deposit the fine amount within the aforesaid period, the applicants shall undergo the remaining jail sentence as per the order of appellate court. Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 28-02-2023 11:23:50

With the aforesaid Criminal Revision stands disposed off. Certified copy as per rules.

(VIJAY KUMAR SHUKLA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 28-02-2023 11:23:50