Devi Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3667 MP

                                   1

 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 1 st OF MARCH, 2023
                 CRIMINAL REVISION No. 870 of 2023

BETWEEN:-
DEVI SINGH S/O SHRI ANRAT SINGH YADAV, AGED
ABOUT 34 YEARS, GRAM KANJIYA P.S KANJIYA
(MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI DEEPENDRA SINGH RAGHUWANSHI - ADVOCATE)

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

                                                             .....RESPONDENTS
(BY SHRI ANIL SHUKLA - PUBLIC PROSECUTOR)

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

Aggrieved by the judgment of trial Court by which petitioner was

convicted for the offence under Sections 25(1-B) (A), 3 of Arms Act for one year and fine of Rs.500/- along with Sections 3/181, 39/192 and 146/196 of Motor Vehicles Act and fine of Rs.500/-, Rs.2000/- and Rs.2000/- respectively. Petitioner preferred an appeal which was barred by limitation about five years. His appeal was dismissed by judgment dated 16.02.2023. Petitioner is in custody from 03.02.2023.

Learned counsel for the petitioner does not want to press this petition on merits and prays that in lieu of sentence fine should be enhanced.

As per prosecution case, on 13.11.2011 at 7.10 P.M. from the possession of petitioner, two live cartridges of 315 bore gun was found for which he could not justify the possession as he was not having any licence. Crime was registered. Thereafter, charge-sheet has been submitted. After trial, trial Court convicted the petitioner for the aforesaid offences.

Learned counsel for the petitioner submits that he is a poor labourer. He is facing judicial process for the last 12 years. At present he is in custody from 03.02.2023.

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

In view of the arguments advanced by the counsel for the petitioner and after perusing the record, the incident is of the year 2011, about 12 years has been passed, in these situation, in lieu of sentence of one year imposed under under Sections 25(1-B) (A), 3 of Arms Act is reduced to the period already undergone by him, enhancing the fine amount from Rs.500/- to Rs.10,000/- which shall be paid by way of compensation. The other offences under Motor Vehicles Act have been set aside for the period already undergone by the petitioner.

The amount of compensation be deposited in the trial Court within one month 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 bonds stands discharged.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.03.02 11:12:38 -08'00'