Citation : 2023 Latest Caselaw 1651 MP
Judgement Date : 30 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 30 th OF JANUARY, 2023
CRIMINAL REVISION No. 948 of 2010
BETWEEN:-
YATENDRA SINGH S/O NAWAB SINGH, AGED ABOUT 27
YEAR S , OCCUPATION: AGRICULTURIST VILL.PATRI
ARON (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AKSHAD KUMAR JAIN - ADVOCATE)
AND
STATE OF M.P. TH:P.S.KOTWALI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANIL SHUKLA - PUBLIC PROSECUTOR)
This revision coming on for hearing this day, th e court passed the
following:
ORDER
Petitioner preferred this revision aggrieved by the judgment of trial Court as well as appellate Court who found guilty of Section 379 of IPC of steeling
motor cycle of the complainant. Trial Court convicted him and punished for 2 years R.I. and fine of Rs.2,000/- which was modified by the appellate Court for one year R.I. and fine of Rs.2,000/-.
Learned counsel for the petitioner does not want to press this petition on merits and prays that in lieu of sentence fine should be enhanced. Incidence is of 2006. 17 years have been lapsed facing judicial process.
Learned counsel for the State supported the impugned judgment.
Heard learned counsel for the parties and perused the record. In view of the arguments advanced by the counsel for the petitioner and after perusing the record, the incident is of the year 2006, about 17 years has been passed, in these situation, in lieu of sentence of one year imposed under Section 379 of IPC is reduced to the period already undergone by him, enhancing the fine amount from Rs.2000/- to Rs.25,000/- which shall be paid to the complainant by way of compensation.
The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which petitioner shall undergo the original sentence awarded by the trial Court. The
appellant is on bail, in case the fine amount is deposited by him, his bail bonds stands discharged.
With the aforesaid, the revision stands disposed of
(DEEPAK KUMAR AGARWAL) JUDGE mani
SUBASRI MANI 2023.01.31 18:06:38 -08'00'
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