Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 472 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. 56 of 2023

                           BETWEEN:-
                           JITENDRA S/O MANOHAR, AGED ABOUT 40 YEARS,
                           OCCUPATION:   LABOUR    VILLAGE RAJAKHEDI
                           TEH.JAORA (MADHYA PRADESH)

                                                                                             .....PETITIONER
                           (BY SHRI NILESH DAVE - ADVOCATE

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THRU.P.S.BADAWADA (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                             BY SHRI RAGHVENDRA SINGH BAIS - G.A.)

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

With the consent of the parties, the case is heard finally. This is criminal revision u/S.379 and 401 of Cr.P.C being aggrieved by the

judgment passed by I ASJ, Jaora, District Ratlam in Cr.A. No.36/2022 decided on 24.12.2022 whereby the applicant has been convicted u/S.379 of the IPC and sentenced to undergo RI for six months with fine of Rs.1000/- with default stipulation.

As per the prosecution case, on 22.11.2016 the complainant Bharat lodged FIR against the co-accused person and as per the version of FIR complainant stated that at night around 10 PM complainant parked his motor cycle bearing

Signature Not Verified registration No. MP-43-DM-4282 outside his house, at night around 1.30 am he Signed by: VARGHESE MATHEW Signing time: 09-01-2023 17:58:20

waked up for toilet he did not seen his motorcycle. Thereafter P.S Badawada, Distt. Ratlam MP has regitered the offence u/S.379 of IPC at Crime No.350/2016 against unknown persons. Counsel for applicant submits that the incident had taken place in the year 2016 and the applicant has already undergone jail sentence of 36 days out of six months RI. He has already deposited fine amount. It is further submitted that the applicant was on bail during trial and during pendency of the appeal. There is no allegation of misuse of liberty.

Counsel for State supports the order of conviction and sentence passed by both the courts below.

After hearing learned counsel for parties, it is found that the incident had taken place in the year 2016 and the applicant had already undergone jail sentence of 36 days out of six months. The fine amount has already been deposited. Upon perusal of the record, there is no criminal record of the applicant.

Considering the aforesaid, I am of the view that the interest of justice would be served if the revision is partly allowed while maintaining the conviction of the applicant 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 forthwith if not required in any other criminal case. With the aforesaid, the revision is partly allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

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

VM

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