Shayarabai And Anr. vs The State Of Madhya Pradesh
2023 Latest Caselaw 466 MP

                                                                    1
                                   IN     THE      HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                            BEFORE
                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                      ON THE 9 th OF JANUARY, 2023
                                                  CRIMINAL REVISION No. 1094 of 2013

                                  BETWEEN:-
                                  1.    SHAYARABAI W/O SHRI BHERU SINGH BAGRI,
                                        AGED ABOUT 55 YEARS, VILLAGE MHOWKHEDA
                                        TEH. HATPIPLIYA DISTRICT DEWAS (MADHYA
                                        PRADESH)

                                  2.    MUKESH S/O MADAN SINGH , AGED ABOUT 32
                                        YEARS, OCCUPATION: VILL MHOWKHEDA TEH.
                                        H AT P I P L I YA DISTRICT DEWAS (MADHYA
                                        PRADESH)

                                                                                              .....APPLICANTS
                                  (BY SHRI SHYAM PATIDAR-ADVOCATE)

                                  AND
                                  THE STATE OF MADHYA PRADESH                THRU.    P.S.
                                  HATPIPLIYA (MADHYA PRADESH)

                                                                                             .....RESPONDENT
                                  (MS. MAMTA SHANDILYA-G.A.)

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

                                  following:
                                                                     ORDER

The present revision is filed under sections 397/401 of Cr.P.C. against the judgment dated 24.4.2012 passed by ASJ, Bagli, district Dewas in Criminal Appeal No.4/2012 arising out of judgment dated 30.11.2011 passed by JMFC, Bagli in criminal case No.2220/2006 whereby the appeal was dismissed and conviction under section 323 IPC and sentence to undergo 30 days S.I. with fine of Rs.100/- each was maintained.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 09-Jan-23 5:49:33 PM

Counsel for the applicants submits that applicants have already undergone jail sentence of 11 days each. The incident had taken place in the year 2006. Applicants were on bail during the trial and their sentence were also suspended during the appeal and revision and they have not misused the liberty. It is argued that no purpose would be served in sending the applicants in jail after such a prolong period. He has prayed that his jail sentence be reduced to the period already undergone and the fine amount may be enhanced.

After hearing learned counsel for parties and taking into consideration that incident has taken place in the year 2006 and applicants were granted bail during trial and their jail sentence were suspended during appeal and revision, I

am of the view that in the interest of justice, the fine amount may be enhanced from Rs.100/- to Rs.1000/- each which shall be deposited by the applicants within a period of 30 days from the date of release. The deposited fine amount shall be paid to the victim/complainant by the trial court.

With the aforesaid, Criminal Revision is allowed in part. Conviction is maintained, however the sentence is reduced to the period already undergone. Applicants are on bail. Their bail bond stand discharged subject to deposit of enhanced fine amount. Earlier deposited fine amount shall be adjusted in it. In case of failure of payment of enhanced fine amount within the aforesaid period, the applicants shall suffer the sentence awarded by the court below.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 09-Jan-23 5:49:33 PM