Awatar Singh And Anr. vs The State Of Madhya Pradesh
2023 Latest Caselaw 902 MP

                                                               1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 16 th OF JANUARY, 2023
                                              CRIMINAL REVISION No. 147 of 2014

                           BETWEEN:-
                           1.      AWATAR SINGH AND ANR. S/O MOHANSINGH,
                                   AGED   ABOUT   23  YEARS,  OCCUPATION:
                                   AGRICULTURIST VILL.GOPIPUR P.S.SHAJAPUR
                                   (MADHYA PRADESH)

                           2.      MOHANSINGH S/O SHANKARLAL, AGED ABOUT
                                   50 YEARS,   OCCUPATION: AGRICULTRIEST
                                   VILLAGE   GOPIPUR,  P.S. AND  DISTRICT
                                   SHAJAPUR (MADHYA PRADESH)

                                                                                          .....PETITIONERS
                           (BY SHRI VISHAL PANWAR - ADVOCATE ON BEHALF OF SHRI MANOJ
                           SAXENA - ADVOCATE)

                           AND
                           THE   STATE    OF         MADHYA    PRADESH   GOVT.
                           THRU.P.S.SHAJAPUR,        DISTT. SHAJPUR    (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                                (BY SHRI SUDHANSHU VYAS - PL)

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

The present revision is filed u/S.401/397 of the Cr.P.C against the judgment of conviction and sentence dated 24.1.2014 passed by II Addl. Sessions Judge, Shajapur in Cr.A. No.342/2013 whereby maintaining the conviction and sentence of the applicants u/S.379 of the IPC and sentence of one year RI with fine of Rs.200/- with default stipulation of 7-7 days RI passed by JMFC, Shajapur in Criminal Case No.611/2013 dated 25.7.2013 Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 17-01-2023 10:31:38

Learned counsel for applicants submits that the applicants have undergone jail sentence of about one month and the alleged incident had taken place in the year 2013. They were on bail during trial and appeal and did not misuse the liberty. No purpose would be served in sending them to jail after almost period of 10 years.

According to the prosecution, on 3.2.2013 complainant Mohansingh Patidar collected one quintal forty kg toor dal in bags and put on roof. On the morning he found that his bags of toor dal were not there. Some unknown persons stolen his toor dal worth Rs.4500/-. The aforesaid bags were seized from the applicants and they were convicted u/S.379 of the IPC and sentenced as

indicated above.

After hearing learned counsel for parties it is found that the applicants had undergone jail sentence of about one month and has been prosecuting the case since for last 10 years. Counsel for applicants submits that the applicants have not indulged in any offence during this period and maintained good record. He further undertakes that the applicants shall maintain good record and shall not indulge in any offence. Considering the aforesaid submissions and taking into consideration that the applicants have undergone jail sentence of one month out of RI for one year and the incident had taken place in the year 2013 and since then they have maintained good record and did not indulge in any offence, I am of the view that no purpose would be served in sending the applicants in jail after such long period. While maintaining the conviction of the applicants, the jail sentence of the applicants is modified to the extent that the jail sentence already undergone by them. Fine amount is increased from Rs.200/- each to Rs.5000/- (rupees five thousand) by each applicants .

Signature Not Verified Accordingly, the revision petition is partly allowed. The bail bonds of the Signed by: VARGHESE MATHEW Signing time: 17-01-2023 10:31:38

applicants shall be discharged after deposit of the fine amount.

(VIJAY KUMAR SHUKLA) JUDGE

VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 17-01-2023 10:31:38