Nitesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4954 MP

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                           IN       THE       HIGH       COURT OF MADHYA                    PRADESH
                                                           AT INDORE
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                   ON THE 27 th OF MARCH, 2023
                                               CRIMINAL REVISION No. 450 of 2023

                           BETWEEN:-
                           NITESH S/O HIRALAL BORASI, AGED ABOUT 25 YEARS,
                           OCCUPATION: PIGGERY 104, BADI GWALTOLI, INDORE
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (SMT.RANU BORASHI - WIFE OF THE APPLICANT IS PRESEN IN PERSON)

                           AND
                           1.       THE STATE OF MADHYA PRADESH STATION
                                    HOUSE OFFICER    THROUGH MAGISTRATE,
                                    INDORE (MADHYA PRADESH)

                           2.       STATE OF MADHYA PRADESH THROUGH P.S.
                                    PALASIA THROUGH POLICE STATION PALASIA
                                    INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                            (BY SHRI ADITYA GARG - GOVERNMENT ADVOCATE)

                                This revision coming on for ORDERS this day, the court passed the
                           following:
                                                                 ORDER

Heard on IA No.1603/2023, which is an application for condonation of delay.

It is stated in the para no.2 of the application that after passing of the judgment dated 14.01.2019, the applicant was not communicated about the order passed in the appeal and he could not contact his advocate to get the status of the appeal.

The application is supported by the affidavit. Signature Not Verified Signed by: SOURABH YADAV Signing time: 28/03/2023 12:17:41 PM

Considering the same, the delay in filling the revision is condoned. IA No.1603/2023 is allowed.

With the consent of the parties, the matter is heard finally. This is revision u/S.397/401 of the Cr.P.C. arising out of order of conviction and sentence dated 14.10.2019 passed by 26th Additional Sessions Judge, Indore in CRA No.1700969/2015 whereby the applicant has been convicted u/S. 379 of the IPC and sentenced to undergo RI for 1 year with fine of Rs.1000/- with default stipulation.

It is stated on behalf of the applicant that the applicant has already undergone jail sentence of more than three months out of one year RI and the incident had

taken place in the year 2008. The applicant was on bail during trial, appeal and revision and did not misuse the liberty. He maintained good record and relation with the complainant. No purpose would be served in sending the applicant in jail after such long period. Therefore, the applicant may be sentenced to the period already undergone.

Counsel for State do not dispute the aforesaid facts. After hearing learned counsel for parties and taking into consideration the short jail sentence of the applicant and the period already undergone by him, I am of the opinion that a case is made out for sentencing the applicant to the period already undergone. Further the incident had taken place in the year 2008 and the applicant has maintained good record and did not misuse the liberty. No purpose would be served in sending the applicant in jail after such long period.

Therefore, the revision is partly allowed. The conviction is maintained. The jail sentence of the applicant is reduced to the period already undergone by him.

Signature Not Verified The applicant be released forthwith if not required in any other case subject to Signed by: SOURABH YADAV Signing time: 28/03/2023 12:17:41 PM

deposit of fine, if not already deposited. In case if the applicant fails to deposit the fine amount within the 90 days from today, the applicant shall undergo the remaining jail sentence as per the order of appellate court.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 28/03/2023 12:17:41 PM