Sarman Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 11073 MP

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                             IN      THE     HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                   ON THE 17 th OF JULY, 2023
                                             CRIMINAL REVISION No. 2436 of 2023

                            BETWEEN:-
                            SARMAN SINGH S/O SHRI SHYAMLAL KUSHWAH, AGED
                            ABOUT 42 YEARS, OCCUPATION: DRIVER GRAM
                            ARRURU POLICE THANA DABRA DISTRICT GWALIOR
                            (MADHYA PRADESH)

                                                                                         .....PETITIONER
                            (BY SHRI VIJAY KUMAR JHA - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESH INCHARGE POLICE
                            STATION THROUGH POLICE THANA BAROHI DISTRICT
                            BHIND (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                            (BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR)

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

T he petitioner has preferred this revision under Section 397 read with Section 401 of CrPC challenging the judgment dated 07.06.2023 passed by Sessions Judge, Bhind in Criminal Appeal No.61 of 2023 confirming the judgment dated 13.03.2023 passed by JMFC Bhind in Criminal Case No.856 of 2015 whereby the petitioner has been convicted under Section 304-A of IPC and sentenced to undergo one years RI with a fine of Rs.2000/- with default stipulation.

Perused impugned judgment as well as record. Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/17/2023 6:23:55 PM

It is submitted that the incident took place in the year 2015 and the applicant has been facing agony of trial for the last near about eight years. The petitioner has suffered sufficient jail incarceration out of his total jail sentence, petitioner was on bail during trial and he had never misused the liberty granted to him, fine amount has already been deposited by the petitioner, therefore, sentence awarded to the petitioner for the aforesaid offence is reduced to the period already undergone by him by enhancing the fine amount to Rs.1,00,000/- (One Lakh Rupees) from Rs.2,000/.

Accordingly, this revision is partly allowed. While maintaining conviction of the petitioner for aforesaid offence, the sentence awarded to the

petitioner is hereby reduced to the period already undergone by him. However, sentence of fine is enhanced to Rs.1,00,000/- (One Lakh Rupees) from Rs.2,000/. offence under Sections 304-A of IPC against the petitioner. The fine amount, if any, deposited by petitioner shall be adjusted in the enhance amount. Two months' time from the date of receipt of certified copy of this order is hereby granted to the petitioner to deposit the aforesaid fine amount and the same shall be payable to complainant(s) by way of compensation, failing which petitioner shall undergo further one month additional imprisonment. Petitioner is on bail, his bail bond stands discharged.

Let a copy of this order along with record of trial Court be sent back forthwith.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/17/2023 6:23:55 PM