Bhupendra Jatav vs State Of M.P.
2023 Latest Caselaw 3904 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 13 th OF MARCH, 2023
                                      CRIMINAL REVISION No. 700 of 2010

               BETWEEN:-
               BHUPENDRA JATAV S/O RAJESH JATAV , AGED ABOUT
               22 YEARS, OCCUPATION: AGRICULTURE R/O AYODHYA
               COL. DABRA, DISTT.GWALIOR (MADHYA PRADESH)

                                                                                   .....PETITIONER
               (BY SHRI MANOJ DWIVEDI- ADVOCATE )

               AND
               STATE OF M.P. THROUGH POLICE STATION DABRA
               DISTT. GWALIOR (MADHYA PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI C.P.SINGH- PANEL LAWYER FOR THE STATE )

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

This revision has been filed by the petitioner against the judgment dated

25.8.2010 passed by the 1st Additional Sessions Judge, Dabra, Distt. Gwalior, in Criminal Appeal No.243/2010 affirming the judgment dated 23.4.2010 passed by JMFC, Dabra, Distt. Gwalior, in Criminal Case No.2349/2006 convicting the petitioner under Section 379 of IPC and sentencing him to suffer three years RI with fine of Rs.2,000/-.

Brief facts necessary for disposal of this revision are that allegation Signature Not Verified against the petitioner is that he stole Hero-Honda Splendor motor cycle Signed by: MADHU SOODAN PRASAD No.MP07 KE 6715 of the complainant. FIR was lodged. Matter was Signing time: 14-03-2023 10:37:20 AM

investigated. Petitioner was arrested and from his possession aforesaid motorcycle was seized. After investigation, charge-sheet has been filed. Trial was conducted. After trial, petitioner has been convicted as aforesaid. Being aggrieved by the aforesaid, petitioner preferred appeal which was dismissed.

Learned counsel for the petitioner/accused submitted that he does not want to challenge the conviction of the petitioner for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioner that incident took place on 2.12.2006 and petitioner has been facing agony of trial since last 16 years. Petitioner has already suffered incarceration of 21 days. Amount of fine has been deposited by him. Therefore, while enhancing the fine

amount suitably, sentence of the petitioner be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioner to the period already undergone by him, the fine is enhanced to Rs.25,000/- under Section 379 of IPC. Accordingly, while affirming the conviction of the petitioner under Section 379 of IPC, jail sentence o f the petitioner is reduced to the period already undergone by him and fine amount is enhanced to Rs.25,000/- which shall be deposited by him within a period of two months from today, failing which the petitioner will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the petitioner be given to the complainant under Section 357 of Cr.P.C. as compensation. Signature Not Verified Signed by: MADHU SOODAN PRASAD With the aforesaid, the revision stands disposed of. Signing time: 14-03-2023 10:37:20 AM

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 14-03-2023 10:37:20 AM