Bashir @ Rashid vs The State Of Madhya Pradesh
2023 Latest Caselaw 17213 MP

                                                               1
                          IN      THE         HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                ON THE 16 th OF OCTOBER, 2023
                                              CRIMINAL REVISION No. 743 of 2018

                         BETWEEN:-
                         BASHIR @ RASHID S/O MAJID, AGED ABOUT 30 YEARS,
                         OCCUPATION: LABOUR CHANDAN NAGAR, C-SECTOR,
                         DISTT. INDORE (MADHYA PRADESH)

                                                                                       .....PETITIONER
                         (SHRI AMIT BHATIA, LEARNED COUNSEL FOR THE PETITIONER ).

                         AND
                         THE STATE OF MADHYA PRADESH STATION HOUSE
                         OFFICER THRU. P.S. SARAFA, INDORE (MADHYA
                         PRADESH)

                                                                                     .....RESPONDENTS
                         ( SHRI RAJESH JOSHI- GOVT. ADVOCATE)

                                This revision coming on for direction this day, th e court passed the
                         following:
                                                                ORDER

With consent of the parties heard finally.

1. This criminal revision under Section 397 and 401 of Cr.P.C. has been filed by the petitioner being aggrieved by the judgment dated 22.01.2018, passed by learned Special Judge (Electricity Act), Indore in Criminal Appeal No. 608/2017, whereby learned Court affirmed the order dated 01.11.2017, passed by the learned JMFC, Indore, in Criminal Case No. 3019/2004 and convicted the petitioner for the offence punishable under Section 379 of IPC and sentenced to undergo RI for one year with a fine of Rs. 200/- with default

Signature Not Verified stipulation.

Signed by: PRAVEEN Signing time: 20-10-

2023 17:31:11

2. The petitioner has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioner did not press this revision on merit and nor assailed the finding part of judgment. He confines his argument on the point of sentence only and prays that since the petitioner has already undergone approximately one month and sixteen days jail incarceration, his sentence be reduced to the period already undergone. It is further submitted that the petitioner deserves some leniency as he has already suffered the ordeal of the trial since 2004 i.e. for a period of 19 years. It is further submitted that this petition be partly allowed and the sentence awarded to the petitioner be reduced to the period already undergone by enhancing the

fine amount.

3. Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

4. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper.

5. However, the learned trial Court as well as the learned Appellate Court has not committed any error in appreciation of evidence available on record. Further, it is found that both the courts below considered the evidence available on record and correctly found that the case of the prosecution is well supported by the witnesses. Both the Courts below have well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by the Courts below, accordingly, the same is upheld.

6.So far as the sentence of the petitioner is concerned, after the lapse of Signature Not Verified Signed by: PRAVEEN Signing time: 20-10-

2023 17:31:11

almost 19 years, the submissions made by the petitioner regarding enhancement in fine appears to be proper. The petitioner has suffered the ordeal of criminal case since 2004, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioner.

7. Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone by increasing the fine amount from Rs.200/- to Rs.10,000/- under Section 379 of IPC to be paid by the petitioner within a period of one month from today. The fine amount, if already deposited, shall be adjusted. The bail bond of the petitioner shall be discharged after depositing of the fine amount. If the applicant fails to deposit the fine amount as stipulated above, he will suffer 1 month of simple imprisonment in default.

8. A copy of this order be sent to the concerned trial Court for necessary compliance.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE VD

Signature Not Verified Signed by: PRAVEEN Signing time: 20-10-

2023 17:31:11