Prema Mankar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1180 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 19 th OF JANUARY, 2023
                                          CRIMINAL REVISION No. 2245 of 2020

                          BETWEEN:-
                          1.    PREMA MANKAR S/O SHRI LALA MANKAR, AGED
                                ABOUT 22 YEARS, SANVARIYA PANI,THANA PATI,
                                DIST. BARWANI (MADHYA PRADESH)

                          2.    MUKESH BARELA S/O SHRI LALA BARELA, AGED
                                ABOUT 22 YEARS, SAWARIYA PANI, THANA PATI
                                BARWANI (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (SHRI RAVI SAGRE, LEARNED COUNSEL FOR THE PETITIONERS)

                          AND
                          THE STATE OF MADHYA PRADESH                 DISTTRICT
                          MAGISTRATE   THR    THANA   PATI             DISTRICT
                          MAGISTRATE (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          ( SHRI PRANAY JOSHI APPEARING ON BEHALF OF ADVOCATE
                          GENERAL/STATE)

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

                          following:
                                                            ORDER

The present revision is filed under Section 397 read with 401 of Cr.P.C. against the judgment dated 29.09.2020 passed by ASJ, Barwani Criminal Appeal No.19/2020 whereby order dated 31.01.2020 passed by JMFC, Barwani in RCT No.189/2018 convicting the applicants under Section 457 and 380 of IPC and sentenced to undergo 3-3 years and 2-2 years with fine of Rs.1000/- & 500/- respectively each for each offences with default stipulation, has been Signature Not Verified Signed by: AMIT KUMAR Signing time: 1/19/2023 6:14:31 PM

affirmed.

Counsel for the applicant submits that the applicants have already undergone jail sentence of more than one year and the incident had taken place in the year 2018. During the trial, applicants were on bail and they did not misuse the liberty granted by the Court during the trial, appeal and revision. They further maintained good record and no purpose would be served in sending the applicants to jail after such a prolong period. It is further submitted that the applicants undertake not to indulge any any offence in future and may be kept in surveillance for a period of six months, but their jail sentence may be reduced to the period already undergone.

Counsel for the State supported the order of conviction and sentence however, could not dispute the aforesaid facts.

After hearing learned counsel for parties and taking into consideration that the applicant has already undergone jail sentence of more than one year and have maintained good record during trial and during pendency of the appeal and revision petition, no purpose would be served in sending the applicants to jail, after such long period, the revision petition is partly allowed.

Accordingly, the revision petition is partly allowed. The conviction is maintained and the jail sentence is reduced to the period already undergone in both the offences under Section 457 and 380 of IPC.

However, the applicants are directed to be remain under surveillance for a period of six months and during this period they shall mark their presence before the concerned police station on every 15th day of every month and they shall not indulge in any offence and shall maintain good record.

With the aforesaid, the revision petition is partly allowed. Conviction of the applicants is maintained and their jail sentence is reduced to the period Signature Not Verified Signed by: AMIT KUMAR Signing time: 1/19/2023 6:14:31 PM

already undergone. Their bail bonds shall be kept intact for a period of six months and the bail bond shall be discharged subject to report of concerned police station after six months.

With the aforesaid, the petitioner stands partly allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 1/19/2023 6:14:31 PM