Chinnu @ Ramkishor vs The State Of Madhya Pradesh
2023 Latest Caselaw 10119 MP

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                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                     ON THE 4 th OF JULY, 2023
                                              CRIMINAL REVISION No. 628 of 2020

                            BETWEEN:-
                            CHINNU @ RAMKISHOR S/O SHRI BRIJMOHAN, AGED
                            ABOUT 27 YEARS, OCCUPATION: MAZDOORI R/O
                            SHEKH KI BAGIYA GAJANAND APARTMENT KE PASS
                            NEW SADAK P.S JAJANKGANJ DISTRICT GWALIOR
                            (MADHYA PRADESH)

                                                                                           .....PETITIONER
                            (BY SHRI ARSHAD ALI - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESH THROUGH POLICE
                            STATION MADHOGANJ DISTRICT GWALIOR (MADHYA
                            PRADESH)

                                                                                         .....RESPONDENT
                            (BY SHRI VPS TOMAR - PANEL LAWYER)

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

T his criminal revision has been filed by the revisionist assailing the judgment dated 22.01.2020 passed in Criminal Appeal No.360/2019 by learned 15th Additional Sessions Judge, Gwalior confirming the judgement dated 13.11.2019 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No.1314/2017 by which petitioner has been convicted for the offence under Section 379 of IPC and sentenced him to undergo 1 year RI with fine of Rs.1000/- with default stipulation.

Learned counsel for the petitioner made submission that incident is of the Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/5/2023 10:19:39 AM

year 2017 and about more than 6 years has been passed. It is further submitted by the counsel for the petitioner that he has already suffered 72 days of jail incarceration out of his total jail sentence. In these situation, he do not want to press his petition on merit. It is submitted that in lieu of sentence, fine amount may be enhanced.

Allegation against the petitioner is that he had stolen the bike of complainant bearing registration No. MP 07 MN 3551. On the said basis offence was registered against the petitioner.

In view of the arguments advanced by the counsel for the petitioner and after perusing the record, this Court is of the view that the incident is of 2017

and about 6 years has been passed therefore, in this situation, the sentence of one year imposed under Section 379 of IPC is reduced to the period already undergone by him, enhancing the fine amount from Rs.1000/- to Rs.5000/- which shall be paid to complainant by way of compensation.

The amount of compensation be deposited in the trial Court within two months from the date of receipt of certified copy of this order, failing which petitioner shall undergo the original sentence awarded by the trial Court. The petitioner is on bail, in case the fine amount is deposited by him, his bail bond stands discharged.

With the aforesaid modification, the revision petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/5/2023 10:19:39 AM