Saket @ Isayi vs The State Of Madhya Pradesh
2023 Latest Caselaw 3804 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 3 rd OF MARCH, 2023
                                         CRIMINAL REVISION No. 1760 of 2019

                         BETWEEN:-
                         SAKET @ ISAYI S/O A. GOVINDAN UNNI, AGED 34
                         YEARS, R/O HOUSE NO. 6, SARASWATI NIWAS ADARSH
                         NAGAR GOLE KA MANDIR GWALIOR (MADHYA
                         PRADESH)

                                                                                        .....PETITIONER
                         (SHRI ANOOP NIGAM - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION PADAV, DISTRICT GWALIOR   (MADHYA
                         PRADESH)

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

                               This revision coming on for admission 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 29.03.2019 passed in Criminal Appeal No. 444/2017 by Tenth Additional Sessions Judge to the Court of Sessions Gwalior by which the judgement dated 09.08.2017 passed in Criminal Case No. 9898/2004 by Judicial Magistrate First Class Gwalior has been affirmed.

In brief, facts of the case are that, learned trial Court vide its judgment dated 29.03.2019 convicted the petitioner for the offence under Section 327 of Signature Not Verified Signed by: RASHID KHAN Signing time: 3/4/2023 10:49:47 AM

IPC and sentenced him to undergo 1 year RI with fine of Rs.1000/-. As per allegation against the present applicant/accused on 28.08.2004, complainant sonu and his friend Guddu Parmar were standing at Padav when accused Saket arrieved there with his two companions and demanded money to drink liquor from complainant Sonu but when Sonu refused to give him money they committed marpeet with the complainant and others. After inquiry offence under Section 327, 294, 34 of IPC was lodged and the charge-sheet was produced before the learned trial court. The petitioner preferred an appeal against the judgment before the appellate court. The appellate court set aside his appeal.

Learned counsel for the petitioner made submission that incident is of the year 2004 and about more than 19 years have 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, the incident took place on 28.08.2004, about 19 years have passed, in this situation, in lieu of sentence of one year imposed under Section 327 of IPC is reduced to the period already undergone by him, enhancing the fine amount from Rs.1000/- 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 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 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. Signature Not Verified Signed by: RASHID KHAN Signing time: 3/4/2023 10:49:47 AM

(DEEPAK KUMAR AGARWAL) JUDGE Vishal

Signature Not Verified Signed by: RASHID KHAN Signing time: 3/4/2023 10:49:47 AM