Jaswant @ Mall vs State Of M.P.
2023 Latest Caselaw 1335 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                              ON THE 23 rd OF JANUARY, 2023
                                            CRIMINAL REVISION No. 598 of 2010

                          BETWEEN:-
                          JASWANT @ MALL S/O S/O SHRI DEENDAYAL GURJAR ,
                          AGED      ABOUT       40     YEARS, OCCUPATION:
                          AGRICULTURIST, R/O VILL. BAGHAWALI P.S. DEEPAR
                          TEH. SEONDHA, DISTT. DATIA (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY MR. A.S.CHAUHAN - ADVOCATE)

                          AND
                          STATE OF M.P. (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY MR. AVNEESH SINGH - PUBLIC PROSECUTOR)

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

Aggrieved by the judgment of trial Court as well as appellate Court,

whereby petitioner has been convicted under Section 379 of IPC and sentenced to undergo 3 months S.I., he preferred this revision.

Learned counsel for the petitioner made submission that he does not want to press other grounds. He only wants to press on the ground of sentence. Incidence is of 2005. 17 years have been lapsed facing judicial process. Petitioner has remained in jail for about 20 days, therefore, while enhancing the fine amount suitably, sentence of the petitioner be reduced to the period already undergone by him.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Jan-23 10:29:56 AM

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioner to the period already undergone by him, the fine of Rs.5,000/- is imposed under Section 379 of IPC. Accordingly, while affirming the conviction of the petitioner under Section 397 of IPC, jail sentence of the petitioner is reduced to the period already undergone by him and fine amount of Rs.5,000/- is imposed which shall be deposited by him within a period of one month from today, failing which the petitioner will have to suffer the sentence as awarded by the Courts below. The

amount of fine so deposited by the petitioner be given to the complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Jan-23 10:29:56 AM