Mulayam Singh vs State Of M.P.
2023 Latest Caselaw 9590 MP

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                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                   ON THE 26 th OF JUNE, 2023
                                              CRIMINAL REVISION No. 501 of 2011

                            BETWEEN:-
                            MULAYAM SINGH S/O RATAN SINGH KATARIYA, AGED
                            ABOUT    30 YEARS, GRAM GEELAROPA, THANA
                            BAHADURPUR,    DISTT.ASHOKNAGAR     (MADHYA
                            PRADESH)

                                                                                             .....PETITIONER
                            (BY SHRI ARVIND SHARMA - ADVOCATE)

                            AND
                            STATE OF M.P. TH:P.S.BAHADURPUR                 DISTRICT
                            ASHOKNAGAR (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

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

by the revisionist assailing the Judgment dated 09.06.2011 passed in Criminal Appeal No.109/2010 by learned Additional Sessions Judge, Mungawali District Ashoknagar confirming the judgement dated 01.10.2010 passed by Judicial Magistrate First Class, Mungawali Dist. Ashoknagar by which petitioner has been convicted for the offence under Section 325, 323 of IPC and sentenced him to undergo 2 years RI with fine of Rs.1000/- and sentenced him to undergo six months RI with fine of Rs.200 respectively, with default stipulation.

Signature Not Verified Learned counsel for the petitioner made submission that incident is of the Signed by: VIJAY TRIPATHI Signing time: 6/27/2023 2:06:38 PM

year 2006 and about more than 17 years has been passed. It is further submitted that petitioner has suffered total jail incarceration of 20 days. In these situation, he does not want to press this 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 petitioners and after perusing the record, this Court is of the view that the incident is of 2006 and about 17 years has been passed therefore, in this situation, the sentence of two years imposed under Section 325 of IPC and the sentence of six months imposed under Section 323 of IPC is reduced to the period already undergone by him, enhancing the fine amount from Rs.2,000/- to Rs.10,000/- 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: 6/27/2023 2:06:38 PM