Shakil vs The State Of Madhya Pradesh
2023 Latest Caselaw 4406 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 20 th OF MARCH, 2023
                                         MISC. CRIMINAL CASE No. 12500 of 2023

                          BETWEEN:-
                          1.    SHAKIL S/O AKBAR KHA, AGED ABOUT 24 YEARS,
                                OCCUPATION: LABOUR DANDA MOHALLA R/O
                                MOHNA GWALIOR (MADHYA PRADESH)

                          2.    ARIF S/O IKBAL KHA, AGED ABOUT 23 YEARS,
                                GRAM MOHNA DISTRICT GWALIOR (MADHYA
                                PRADESH)

                                                                                           .....APPLICANT
                          (SHRI HARI KRISHAN SINGH CHAUHAN, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE STATION GASWANI
                          (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (SHRI NITIN GOYAL, PANEL LAWYER)

                                This application coming on for hearing this day, the court passed the

                          following:
                                                              ORDER

The present petition under Section 482 of Cr.P.C. has been filed by the petitioner for correction in the judgment dated 22.02.2023 passed in Cr.A. No.298/2005.

I t is the submission of learned counsel for the petitioner that vide aforesaid order, this court while affirming the conviction of the appellants under Section 399, 400, 402 of IPC and Section 25 (1-b) of Arms Act, reduced the

Signature Not Verified jail sentence of the appellants to the period already undergone by them and the Signed by: YOGENDRA OJHA Signing time: 3/21/2023 12:00:45 PM

fine amount was enhanced from Rs.500/- to Rs.10,000/- against each of the appellants for the offence punishable under Section 399, 400, 402 of IPC and 25 (1-b) of Arms Act. However, it was not mentioned in the said judgment that fine amount is enhanced for all the offences or for a particular offence. It is further submitted that further 15 days time be enhanced to deposit the fine amount. Hence, prayer for modification is made by filing this petition.

After hearing learned counsel for the petitioner, this Court deems is appropriate to allow this petition filed under Section 482 Cr.P.C..

The judgment dated 22.02.2023 is modified to the following extent:- "Looking to the facts and circumstances of the case, ends of justice

would meet if while reducing the jail sentence of the appellants to the period already undergone by them, the fine is enhanced from Rs.500/- to Rs.10,000/- against each of the appellants for the offence punishable under Section 399, 400, 402 of IPC and 25 (1-b) of Arms Act for all the offence (Rs.2500/- for each of the offence).

Accordingly, while affirming the conviction of the appellants under Section 399, 400, 402 of IPC and 25 (1-b) of Arms Act, jail sentence of the appellants is reduced to the period already undergone by them but fine amount is enhanced from Rs.500/- to Rs.10,000/- against each of the appellants for the offence punishable under Section 399, 400, 402 of IPC and 25 (1-b) of Arms Ac t for all the offence (Rs.2500/- for each of the offence) which shall be deposited by them within a period of further fifteen days from 23rd March, 2023 failing which the learned Trial Court shall sent them to jail to suffer remaining part of the sentence."

To the aforesaid extent the judgment dated 22.02.2023 passed in Cr.A. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/21/2023 12:00:45 PM

No.298/2005 is modified.

Remaining part of the judgment dated 22.02.2023 passed in Cr.A. No.298/2005 shall remain intact.

This order shall be read conjointly with the judgment dated 22.02.2023 passed in Cr.A. No.298/2005.

With the aforesaid, this petition stands disposed of. A copy of this order be kept in the record of Cr.A. No.298/2005.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/21/2023 12:00:45 PM