Lal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7042 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. 240 of 2014

                          BETWEEN:-
                          1.      LAL SINGH S/O PHOOLSINGH RAJPUT, AGED
                                  ABOUT 65 YEARS, OCCUPATION: AGRICULTURE
                                  VILLAGE SATGAV P.S. MOHAN & DISTRICT
                                  SHAJAPUR (MADHYA PRADESH)

                          2.      DEVISINGH S/O LAL SINGH RAJPUT, AGED ABOUT
                                  30 YEARS, OCCUPATION: AGRICULTURE VILL-
                                  SATGAV,   P.S.-MOHAN   &   DISTT-SHAJAPUR
                                  (MADHYA PRADESH)

                                                                                           ....APPLICANTS
                          (BY SHRI ANIRUDDHA SAXENA-ADVOCATE) .

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THRU. P.S. SHAJAPUR DISTRICT SHAJAPUR
                          (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                               (bY SHRI TARUN PAGARE-G.A)

                               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. arising out of judgment of

conviction and sentence dated 22.02.2014 passed by II ASJ, shajapur in Criminal

Appeal No.132/2013 arising out of judgment dated 25.2.2013 passed by JMFC,

Shajapur in criminal case No.1561/2011 whereby the appeal has been allowed in

part and conviction under section 325/34 IPC was maintained however the

sentence was reduced from 2 years to 3 months RI and fine amount is enhanced

from Rs.200/- to Rs.1000/- each with default stipulation. Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 02-May-23 10:34:25 AM

2. Counsel for applicants submits that the applicants have already undergone

jail sentence of 22 days out of 3 months and the incident had taken place in the

year 2012. The applicants were on bail during trial, appeal and revision and did

not misuse the liberty. They maintained good record and relation with the

complainant. No purpose would be served in sending the applicants in jail after

such long period. Therefore, the applicants may be sentenced to the period already

undergone and fine amount may be increased which may be directed to be paid to

the complainant.

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 applicants and the period already undergone by them, I

am of the opinion that a case is made out for sentencing the applicants to the

period already undergone with enhancement of fine amount. Further the incident

had taken place in the year 2012 and the applicants have maintained good record

and did not misuse the liberty. No purpose would be served in sending the

applicants in jail after such long period.

5. Therefore, the revision is partly allowed. The conviction is maintained.

The jail sentence of the applicants is reduced to the period already undergone by

them and the fine amount is enhanced from Rs1000/- to Rs.5,000/- each. The

enhanced fine amount shall be paid to the complainant-Kailashbai. The bail bonds

of the applicants shall be discharged after deposit of the fine amount. In case if the

applicants fail to deposit the fine amount within the aforesaid period, the applicants

shall undergo the remaining jail sentence as per the order of appellate court.

C.c as per rules.

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

(VIJAY KUMAR SHUKLA) JUDGE

MK

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