Deepak vs The State Of Madhya Pradesh
2023 Latest Caselaw 50 MP

                                                                     1
                                    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. 968 of 2014

                                   BETWEEN:-
                                   DEEPAK S/O NAGAR, AGED ABOUT 20 YEARS,
                                   OCCUPATION: LABOURER VILLAGE RULKI P.S.
                                   BERCHHA, DISTRICT SHAJAPUR (MADHYA PRADESH)

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

                                   AND
                                   THE STATE OF MADHYA PRADESH THRU. P.S.
                                   KOTWALI, DISTRICT SHAJAPUR (MADHYA PRADESH)

                                                                                                .....RESPONDENT
                                   (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 7.06.2014 passed by II ASJ, Shajapur district Shajapur in Criminal Appeal No. 373/2013 arising out of judgment dated 12.08.2013 passed by JMFC, Shajapur in criminal case No. 1224/2012 whereby the appeal was dismissed and conviction under section 403 IPC and sentence of 8 months RI with fine of Rs.200/- was maintained.

Counsel for the applicant submits that alleged 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 Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 03-Jan-23 10:45:11 AM

sentence of 21 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.200/- to Rs.5000/- which shall be deposited by the appellant within a period of 30 days from the date of release The deposited fine amount shall be paid to

the victim 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. 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