Ballu Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 10732 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 12 th OF JULY, 2023
                                          CRIMINAL REVISION No. 2977 of 2023

                          BETWEEN:-
                          BALLU KUSHWAH S/O SHRI KARAN SINGH KUSHWAH,
                          AGED ABOUT 37 YEARS, RESIDENT OF RAMSINGH
                          KUSHWAH KA MAKAN MIRJAPUR GHASMANDI
                          DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (SHRI A. S. CHAUHAN- LEARNED COUNSEL FOR THE PETITIONER)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH ARAKSHI KENDRA INDARGANJ
                          DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (SHRI SUSHANT TIWARI- LEARNED COUNSEL FOR THE RESPONDENT-
                          STATE)

                                This revision coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

Against the judgment dated 21-10-2019 passed by Judicial Magistrate First Class, Gwalior in RCT No.23169 of 2011 convicting the petitioner under Section 3/7 of Essential Commodities Act and sentencing him to undergo one year RI with fine of Rs.1,000/- and sentencing him with a fine of Rs.2,000/- under Section 36 of the Legal Metrology Act, 2009, petitioner preferred a Criminal Appeal before 8th Additional Sessions Judge, Gwalior and the lower Appellate Court vide judgment dated 5th July, 2023 partly allowed CRA No.342 of 2019 sentencing the petitioner for six months RI in place of one year RI with Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/13/2023 10:51:03 AM

fine of Rs.1,000/- under Section 3/7 of the Eseential Commodities Act and maintaining fine amount of Rs.2,000/- under Section 36 of the Legal Metrology Act, 2009 as awarded by trial Court. Being aggrieved, the present Criminal Revision under Section 397/401 of CrPC has been preferred by petitioner Ballu Kushwah.

Learned counsel for the petitioner submitted that he does not want to challenge conviction of the petitioner for the aforesaid offences. As regards sentence, it is submitted that the incident took place in the year 2011 and the petitioner has been facing agony of trial for the last more than 11 years. He has already suffered near about three months nine days of jail incarceration. During

trial the petitioner was on bail and he did not misuse the liberty so granted to him and the fine amount has already been deposited him. Therefore, in view of minimum sentence prescribed under Section 3/7 of Essential Commodities Act i.e. three months, the sentence of the petitioner be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the impugned judgment.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing jail sentence of petitioner under Section 3/7 of Essential Commodities Act, the period already undergone by him. Accordingly, while affirming conviction of the petitioner for aforesaid offenences and maintaining the fine amount, the jail sentence of the petitioner is reduced to the period already undergone by him subject to verification of fine amount if deposited by petitioner.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/13/2023 10:51:03 AM

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/13/2023 10:51:03 AM