Raja @ Ahteshyamulhuq vs The State Of Madhya Pradesh
2023 Latest Caselaw 7041 MP

                                                               1
                          IN     THE        HIGH        COURT OF MADHYA                       PRADESH
                                                          AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                    ON THE 1 st OF MAY, 2023
                                             CRIMINAL REVISION No. 926 of 2014

                          BETWEEN:-
                          RAJA @ AHTESHYAMULHUQ S/O ABDUL AJIZ, AGED
                          ABOUT 29 YEARS, OCCUPATION: LABOUR 9/2, NAGORI
                          MOHALLA, P.S. MAHAKAL, DISTRICT UJJAIN (MADHYA
                          PRADESH)

                                                                                             ....APPLICANT
                          (BY SHRI ANOPAM CHOUHAN, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THRU. P.S.
                          MAHAKAL DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                            (BY SHRI TARUN PAGARE-GA)

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

This is revision u/S.397/401 of the Cr.P.C. against the judgment of

conviction and sentence dated 12.08.2014 passed by XI ASJ Ujjain in Criminal

Appeal No.275/2014 arising out of judgment of conviction and sentence dated

16.7.2014 passed by JMFC Ujjain in criminal case no 753/2014 whereby the

applicant has been convicted u/S 411 of IPC and sentenced to undergo 1 year RI

with fine of Rs.500/- with default stipulation.

2. Counsel for applicant submits that the applicant has already undergone jail

sentence of 6 months and 26 days out of one year and the incident had taken

place in the year 2008. The applicant was on bail during revision and did not

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 02-May-23 10:34:25 AM

misuse the liberty. He maintained good record. 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 and fine amount may be increased.

3. Counsel for State does not dispute the aforesaid facts.

4. 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 with enhancement of fine amount. 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.

5. 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 and the fine amount is enhanced from Rs.500/- to Rs.5000/-. The bail bonds

of the applicant shall be discharged after deposit of the enhanced fine amount. In

case if the applicant fails to deposit the enhanced fine amount within the aforesaid

period, the applicant shall undergo the remaining jail sentence as per the order of

appellate court.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 02-May-23 10:34:25 AM