Purushottam Suman vs The State Of Madhya Pradesh
2023 Latest Caselaw 16832 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                            BEFORE
              HON'BLE SHRI JUSTICE ANAND PATHAK
                    ON THE 10 th OF OCTOBER, 2023
               MISC. CRIMINAL CASE No. 45022 of 2023

BETWEEN:-
PURUSHOTTAM SUMAN S/O SHRI REWARAM SUMAN,
AGED ABOUT 42 YEARS, OCCUPATION: ADVOCATE
CHANDERI ROAD MUNGAWALI TEHSIL MUNGAWALI
DISTRICT ASHOKNAGAR (MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI TRISHANT MISHRA - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MUNGAWALI, ASHOKNAGAR (MADHYA
PRADESH)

                                                               .....RESPONDENT
(BY SHRI DINESH SAVITA - PUBLIC PROSECUTOR)

      This application coming on for admission this day, the court passed the
following:
                                    ORDER

The present petition is preferred under Section 482 of Cr.P.C. whereby petitioner is seeking 15 days' extra time to deposit the fine amount of Rs.5,000/-

2. Petitioner has preferred a revision against the judgment dated 17.10.2011 passed by the 2nd Additional Sessions Judge (Fast Track), Mungawali, Distt. Ashoknagar, in Criminal Appeal No.162/2010 whereby appeal of the petitioner has been partly allowed by setting aside his conviction under Section 323/34 of IPC and affirming his conviction under Section 325/34 of IPC with one year SI and fine of Rs.500/- as awarded vide judgment dated

12.11.2010 by the JMFC, Mungawali, in Criminal Case No.538/2008.

3. In the criminal revision CRR.No.946/2011, matter was heard finally and vide order dated 03.07.2023, jail sentence of petitioner was reduced till rising of the Court and fine amount was enhanced from Rs.500/- to Rs.5,000/- for the offence under Section 325/34 of IPC while affirming the conviction of the petitioner.

4. It is the submission of counsel for the petitioner that because of Covid-19 Pandemic, counsel for the petitioner lost touch with the petitioner and therefore, could not inform him about passing of such order therefore, delay in depositing of fine amount is bonafide and in the interest of justice. He

undertakes that within 15 days' fine amount shall be deposited.

5. Learned counsel for the respondent/State opposed the prayer and prayed of dismissal of petition.

6. Heard the counsel for the parties and perused the documents appended thereto.

7. This is the case where petitioner is seeking extension of 15 days' time to deposit fine amount. Earlier because of COVID -19 pandemic, apparently counsel for the petitioner has lost touch with the petitioner, therefore, as submitted, in petition, it appears that a chance be given for course correction, therefore, 15 days' time is granted to the petitioner and if fine amount of Rs.5,000/- is deposited within next 15 days' from today i.e. on or before 26.10.2023 then the order dated 03.07.2023 passed in Criminal Revision No.946/2011 shall stand otherwise petitioner shall have to suffer the consequences with default stipulation as provided in the said order.

8. With the aforesaid, petition stands disposed of.

(ANAND PATHAK) JUDGE Ashish*

ASHISH CHAURASIA Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de08c6bb9303 e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A0FD201D0242 B64, serialNumber=A926F3CBF979ECA6A4C477577EEDBA3AB4F94 593A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2023.10.10 19:59:58 -07'00'