Daduram vs The State Of Madhya Pradesh
2023 Latest Caselaw 471 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. 5006 of 2022

                           BETWEEN:-
                           DADURAM S/O MOTIRAM @ MOTILAL, AGED ABOUT
                           40 YEARS, OCCUPATION: AGRICULTURIST VILLAGE
                           CHICHLI, TEHSIL KASRAWAD DISTRICT KHARGONE
                           (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI HARSHVARDHAN PATHAK - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION KASRAWAD
                           DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI RAGHVENDRA SINGH BAIS - G.A.)

                                  This revision coming on for admission this day, the court passed the
                           following:
                                                                    ORDER

Heard on IA No.16778/2022 which is an application for condonation of delay in filing the revision petition.

Counsel for applicant submits that the applicant was not informed about the conviction by his Advocate who was representing him in the appeal and therefore he could not know about the impugned order. Thereafter he has been arrested and he is in jail since 15.12.2022. There is delay of 201 days.

Considering the aforesaid submissions, the delay of 201 days is condoned.

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 09-01-2023 17:58:20

I.A. is allowed.

With the consent of the parties, the matter is heard finally. This is revision petition u/S.397 read with Sec.401 of Cr.P.C being aggrieved by the judgment and order passed by I ASJ, Mandsleshwar, West Nimar in Cr.A. No.179/2016 on 31.8.2021 whereby the appeal has been partly allowed and the conviction of the appellant has been affirmed u/S.14 of M.P. Rajya Suraksha Adhiniyam, 1990 and the sentence has been reduced from one year RI to six months and fine of Rs.500/- and in default of fine to undergo RI for three months.

Counsel for applicant submits that the applicant was externed from

territories of district Khargone and nearby district of Dhar, Indore, Dewas, Khandwa, Baarwani, Burhanpur by order dated 24.5.2011 passed by the District Magistrate, Khargone. It is alleged that the applicant in contravention of the above said externment order entered within the territory of police out post Khaltaka, Nimranibedi carrying knife in his hand and making nuisance and was subsequently arrested and FIR No. 82/2012 under Section 25-B of Arms Act was registered.

Counsel for applicant submits that the applicant has already undergone almost one month jail sentence and the fine amount has already been deposited. He was on bail during trial and appeal. He submits that the applicant undertakes to not to indulge in any offence after the disposal of the present revision petition.

After hearing learned counsel for parties and taking into consideration the short jail sentence of the applicant and the fact that the applicant has already undergone one month jail sentence out of six months, I am of the view that no

Signature Not Verified purpose would be served in sending the applicant to the jail. The applicant shall Signed by: VARGHESE MATHEW Signing time: 09-01-2023 17:58:20

be under surveillance for a period of six months from the date of passing of the present order. During this period he shall report to the concerned police station on every 15th of the month for a period of six months.

The revision petition is partly allowed. The conviction of the applicant is maintained and the jail sentence is reduced to the period already undergone by the applicant. The fine amount has already been deposited. The applicant shall be released from jail if not required in any other criminal case.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 09-01-2023 17:58:20