Premsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 903 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. 999 of 2014

             BETWEEN:-
             1.      PREMSINGH S/O PYARJI, AGED 47 YEARS,
                     OCCUPATION: AGRICULTURE R/O GRAM BELAS
                     P.S.BIAORA (MADHYA PRADESH)

             2.      BAPULAL S/O BHAWANRLAL, AGED 42 YEARS,
                     OCCUPATION: AGRICULTURE R/O GRAM BELAS,
                     POLICE THANA BIAORA (MADHYA PRADESH)

             3.      JAGANNATH S/O MADHOJI, AGED 54 YEARS,
                     OCCUPATION: AGRICULTURE R/O GRAM BELAS,
                     POLICE THANA BIAORA (MADHYA PRADESH)

             4.      MOTILAL S/O MADHOJI, AGED 62 YEARS,
                     OCCUPATION: AGRICULTURE R/O GRAM BELAS,
                     POLICE THANA BIAORA (MADHYA PRADESH)

                                                                             .....APPLICANTS
             (BY SHRI DHARMENDRA KEHARWAR - ADVOCATE)

             AND
             THE STATE OF MADHYA PRADESH THRU.P.S.BIAORA
             (MADHYA PRADESH)

                                                                 .....NON-APPLICANT/STATE
             (BY SHRI GOVIND RAI PUROHIT - GOVT. ADVOCATE)

                      Th is revision coming on for hearing this day, th e court passed the
             following:
                                                  ORDER

The present revision is filed under Section 397 read with 401 of Cr.P.C. Signature Not Verified against the judgment dated 27.08.2014 passed by 2nd ASJ, Biora, District Signed by: SHRUTI JHA Signing time: 1/17/2023 11:53:32 AM Rajgarh, in Criminal Appeal No.117/2013, whereby the applicants have been

convicted under Sections 323/34, 325/34 and 341 of IPC and sentenced to undergo fine of Rs.500-500/- each, 01-01 year with fine of Rs.500-500/- each and fine of Rs.200-200/- each respectively, with default stipulation.

Counsel for the applicants submits that the applicants have already undergone jail sentence of about 15 days out of 01 year RI. The offence had taken place in the year 2001 and they were on bail during the trial and they did not misuse the liberty granted to them by the Court. They further maintained good record and no purpose would be served in sending the applicants in jail after such a prolong period. They have prayed that their 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 the incident had taken place in the year 2001 and the applicants have maintained good record and did not misuse the liberty, I am of the view that in the interest of the justice, the jail sentence of the applicants may be reduced to the period already undergone by them and the fine amount under Section 325 of IPC may be enhanced from Rs.500/- to Rs.3,000/-, out of the said amount, Rs.2,500/- shall be paid to the complainant/victim.

In view of the aforesaid, the revision petition is partly allowed. The jail sentence of the applicants is reduced to the period already undergone and the fine amount under Section 325 of IPC is enhanced from Rs.500/- to Rs.3,000/- for each applicant. The said amount shall be deposited by them within 02 months from today. Out of the said amount, Rs.2,500/- from each applicant shall be paid to the victim by the trial Court. The applicants stand discharged subject to deposit of enhanced fine amount. In case of failure of payment of Signature Not Verified enhanced fine amount within the aforesaid period, the applicants shall suffer the Signed by: SHRUTI JHA Signing time: 1/17/2023 11:53:32 AM sentence awarded by the court below.

The aforesaid revision petition is partly allowed and disposed of.

(VIJAY KUMAR SHUKLA) JUDGE Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 1/17/2023 11:53:32 AM