Omprakash vs The State Of Madhya Pradesh
2023 Latest Caselaw 3473 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. 859 of 2015

                           BETWEEN:-
                           1.    OMPRAKASH S/O BHERULAL, AGED ABOUT 34
                                 YEARS, OCCUPATION: AGRICULTURE, R/O: VILL
                                 BHOURANSA    P.   S.  BHOURANSA,     TEH.
                                 SONKACHHA, DIST. DEWAS (MADHYA PRADESH)

                           2.    SHRI KRSIHAN @ CHIMU S/O BHERULAL, AGED
                                 ABOUT 24 YEARS, OCCUPATION: AGRICULTURE,
                                 R/O: NEAR TOLL NAKA, BHOURANSA, P. S.
                                 BHOURANSA, DISTT. DEWAS (MADHYA PRADESH)

                           3.    SUMERSINGH S/O ROOPSINGH, AGED ABOUT 30
                                 Y E A R S , OCCUPATION: AGRICULTURE, R/O:
                                 BHOURANSA, P.S. BHOURANSA, DISTT. DEWAS
                                 (MADHYA PRADESH)

                                                                                       .....APPLICANTS
                           (BY SHRI NEERAJ GAUR - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THRU. P. S. BHOURANSA (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 is revision u/S.397/401 of the Cr.P.C. arising out of order dated 09.07.2015 passed by ASJ, Sonkatch, Dist. Dewas in CRA No.40/15, affirming the judgment of conviction and sentence dated 08.01.2015 passed by JMFC,

Signature Not Verified Dewas in Criminal Case No.704/2010, whereby the applicants have been Signed by: ANUSHREE PANDEY Signing time: 28-02-2023 11:23:50

convicted u/S.325/34 and 323/34 of IPC and sentenced to undergo RI for 2 years and 3 months with fine of Rs.1000/- and Rs.300/- respectively with default stipulation.

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 2010. 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 2010 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 enchnaced from Rs.1000/- to Rs.5000/- and Rs.300/- to Rs.3000/, which shall be paid to the victim Yogesh by the trial Court. The applicants shall deposit the fine amount within a period of 60 days from today. The bail bonds of the Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 28-02-2023 11:23:50

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.

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