Ashok Panchal vs The State Of Madhya Pradesh
2023 Latest Caselaw 49 MP

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                                    IN     THE      HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                             BEFORE
                                             HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                       ON THE 2 nd OF JANUARY, 2023
                                                    CRIMINAL REVISION No. 617 of 2014

                                   BETWEEN:-
                                   ASHOK PANCHAL S/O RAMESHCHANDRA, AGED
                                   ABOUT 31 YEARS, OCCUPATION: SUTARI RAYKANPURA
                                   SHUJALPUR CITY DISTT. SHAJAPUR (MADHYA
                                   PRADESH)

                                                                                                  ....APPLICANT
                                   (BY SHRI ANIRUDDHA SAXENA-ADVOCATE)

                                   AND
                                   THE STATE OF MADHYA PRADESH STATION HOUSE
                                   OFFICER THR.PS. SHUJALPUR DISTT. SHAJAPUR
                                   (MADHYA PRADESH)

                                                                                              .....RESPONDENTS
                                   (BY SHRI MUKESH SHARMA-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 28.05.2014 passed by I ASJ, Shujalpur district Shajapur in Criminal Appeal No. 122/2014 arising out of judgment dated 6.02.2014 passed by JMFC, Shujalpur, district Shajapur in criminal case No. 117/2012 whereby the appeal was allowed in part and conviction under section 325 IPC was maintained, however the sentence was reduced from one year to 3 months RI with fine of Rs. 1,000/- and in default of payment of fine, to suffer further 1 month R.I..

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 03-Jan-23 10:45:11 AM

As per prosecution case, on 17.1.2012, complainant was going to his home after parking his vehicle in godown. At 23.00 hours when he reached near his home near Kalkaji temple, his neighbors Ramesh Panchal and his son, Ashok Panchal abused him due to old enmity. Complainant objected, then accused Ashok and his father assaulted the complainant with pipe on his left leg.

Applicant was tried before the trial court for the offence under sections 325,294 and 506/34 of IPC. Accused abjured the guilt and after trial, he was punished as stated above. Applicant preferred the appeal, in which the conviction was maintained, however the sentence was reduced.

Counsel for the applicant submits that incident has taken place in the year 2012. Applicant was on bail during the trial and his sentence was also suspended during the appeal and revision. Applicant has already undergone jail sentence of 18 days. It is argued that no purpose would be served in sending the applicant in jail after a period of about more than 10 years. 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 2012 and applicant was granted bail during trial and his jail sentence was suspended during appeal and revision, I am of the view that in the interest of justice, the fine amount may be enhanced from Rs.1,000/- to Rs.5000/- which shall be deposited by the applicant within a period of 30 days from the date of release The deposited fine amount shall be paid to the victim Ramesh by the trial court.

With the aforesaid, Criminal Revision is allowed in part. Conviction is

Signature Not Verified maintained, however the sentence is reduced to the period already undergone. Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 03-Jan-23 10:45:11 AM

Applicant is on bail. His bail bond stands 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 applicant shall suffer the sentence awarded by the court below.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 03-Jan-23 10:45:11 AM