Sher Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9137 MP

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                             IN      THE       HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                   ON THE 19 th OF JUNE, 2023
                                               CRIMINAL REVISION No. 873 of 2023

                            BETWEEN:-
                            SHER KHAN S/O LATE SHRI BASHIR KHAN, AGED
                            ABOUT 45 YEARS, RASEED COLONY GUNA (MADHYA
                            PRADESH)

                                                                                            .....PETITIONER
                            (BY SHRI ABHISHEK TIWARI - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESH INCHARGE POLICE
                            STATION   P.S. BAJRANGARH    GUNA (MADHYA
                            PRADESH)

                                                                                          .....RESPONDENT
                            (BY SHRI PRAMOD PACHORI - PUBLIC PROSECUTOR)

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

This criminal revision under Section 397, 401 of Cr.P.C. has been filed

by the revisionist assailing the Judgment dated 09.02.2023 passed in Criminal Appeal No.87/2019 by Sessions Judge, Guna District Guna, confirming the judgement dated 26.03.2019 passed by Judicial Magistrate First Class, Guna Dist. Guna by which petitioner has been convicted for the offence under Section 304-A of IPC and sentenced to undergo 1 year RI with fine of Rs. 500/- and under Section 146/196 of M.V. Act with fine of Rs.1000/-, with default stipulation.

Signature Not Verified Learned counsel for the petitioner made submission that incident is of the Signed by: VIJAY TRIPATHI Signing time: 6/19/2023 5:29:15 PM

year 2014 and about more than 9 years has been passed. In these situation, he does not want to press his petition on merits. It is submitted that in lieu of sentence, fine amount may be enhanced.

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 2014 and about 9 years has been passed therefore, in this situation, the sentence of one year imposed under Section 304-A of IPC and Section 146/196 of M.V. Act is reduced to the period already undergone by him, enhancing the fine amount from Rs.500/- and Rs.1000/- to Rs.1,00,000/-(in respect of both the offences) 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 appellant is on bail, in case the fine amount is deposited by him, his bail bonds 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: 6/19/2023 5:29:15 PM