Ishwardas vs The State Of Madhya Pradesh
2023 Latest Caselaw 1353 MP

                                                                     1
                                   IN     THE       HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                            BEFORE
                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                       ON THE 23 rd OF JANUARY, 2023
                                                   CRIMINAL REVISION No. 1053 of 2014

                                  BETWEEN:-
                                  ISHWARDAS S/O SHRI RAMRATAN RAY, AGED ABOUT
                                  40 YEARS, OCCUPATION: SERVICE 543 SHYAM NAGAR,
                                  INDORE (MADHYA PRADESH)

                                                                                                .....PETITIONER
                                  (BY SHRI VIKAS YADAV-ADVOCATE)

                                  AND
                                  THE STATE OF MADHYA PRADESH                     THRU.P.S.
                                  M.G.ROAD (MADHYA PRADESH)

                                                                                              .....RESPONDENT
                                  (BY SHRI MUKESH KUMAWAT-G.A.)

                                        T h is revision coming on for orders this day, t h e cou rt passed the
                                  following:
                                                                      ORDER

T his is revision u/S.397/401 of the Cr.P.C. arising out of order of

conviction and sentence dated 3.09.2014 passed by IX Additional District & Sessions Judge, Indore in Criminal Appeal No.133/2014 whereby the applicant has been convicted under section 354 IPC and sentenced to undergo RI for 2 years and fine of Rs.500/- with default stipulation. Counsel for applicant submits that the applicant has already undergone jail sentence of 1 month and 14 days and the amended provision of section 354 IPC of the year 2013 regarding punishment would not apply to the present case. The incident had taken place in the year 2010. The applicant was on bail during Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 23-Jan-23 5:43:09 PM

trial, appeal and revision and did not misuse the liberty. No purpose would be served in sending the applicant in jail after such long period. Therefore, the applicant may be sentenced to the period already undergone and fine amount may be increased which may be directed to be paid to the complainant. In this regard, counsel has placed reliance on the judgment passed by this Court in the matter of Damodar @ Damol Vs. State of Madhya Pradesh, 2022 (3) MPLC 278 (M.P.) Counsel for State did not dispute the aforesaid facts. After hearing learned counsel for parties and taking into consideration the short jail sentence of the applicant and the period already undergone by him, I

am of the opinion that a case is made out for sentencing the applicant to the period already undergone with enhancement of fine amount. Further the incident had taken place in the year 2010 and the applicant has maintained good record and did not misuse the liberty. No purpose would be served in sending the applicant in jail after such long period. Therefore, the revision is partly allowed. The conviction is maintained. The jail sentence of the applicant is reduced to the period already undergone by him and the fine amount is enhanced from Rs.500/- to Rs.5,000/-. The enhanced fine amount of Rs.4,500/- shall be deposited by the applicant with the trial court within a period of two months. Out of the said amount, Rs.4,000/- shall be paid to the complainant by the trial court. The bail bonds of the applicant shall be discharged after deposit of the fine amount.

I n case if the applicant fails to deposit the fine amount within the aforesaid period, the applicant shall undergo the remaining jail sentence as per the order of appellate court.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 23-Jan-23 5:43:09 PM

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 23-Jan-23 5:43:09 PM