Rambabu vs State Of M.P.
2023 Latest Caselaw 9599 MP

                                                               1
                             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. 388 of 2011

                            BETWEEN:-
                            RAMBABU S/O JAGANNATH, AGED ABOUT 46 YEARS,
                            OCCUPATION:    LABOUR    R/O   WARD    NO.1
                            DISTT.SHEOPUR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                            (BY SHRI VIVEK MISHRA - ADVOCATE)

                            AND

                            THE STATE OF M.P. THROUGH P.S. SHEOPUR
                            DISTRICT SHEOPUR (MADHYA PRADESH)


                                                                                        .....RESPONDENT
                            (BY SHRI NITIN GOYAL - PANEL LAWYER)

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

With the consent of rival parties heard finally.

This revision has been filed by the petitioner under Section 397/401 of Cr.P.C. against the judgment dated 27.04.2011 passed by the learned Sessions Judge, Sheopur in Criminal Appeal No.52/2010 affirming the judgment of the JMFC Sheopur i n Criminal Cas e No.1246/2007 on 26.05.2010, wherein the petitioner was convicted under Section 323 of IPC and sentenced him to suffer 3 months' RI with default stipulation.

At the threshold, learned counsel for the petitioner submits that he does Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/27/2023 2:09:37 PM

not challenge the finding of conviction but he confines his argument to the quantum of sentence part only. It is contended that since occurrence has taken place in the year 2007, the petitioner has suffered custody for 8 days 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, it is prayed that sentence awarded to him for the aforesaid offences may be reduced to the period already undergone by him.

On the other hand, State Counsel opposed the contentions of counsel for petitioner and submitted that there is neither any occasion to interfere with the sentence awarded to petitioner nor any compassion or sympathy is called for in

the said case.

Heard counsel for the parties and perused impugned judgment as well as record.

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. Petitioner is on bail, his bail bonds stand 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: 6/27/2023 2:09:37 PM