Mohd. Iqbal vs Rajesh
2024 Latest Caselaw 5494 MP

Madhya Pradesh High Court

Mohd. Iqbal vs Rajesh on 22 February, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                            ON THE 22 nd OF FEBRUARY, 2024
                                          CRIMINAL REVISION No. 6004 of 2023

                    BETWEEN:-
                    MOHD. IQBAL S/O MOHD. IDU OCCUPATION: PROPRIETOR/
                    OWNER OF BANDHIAY TRADERS OCCUPATION BUSINESS R/O
                    BESIDE OF DR. FIROZA ALI PETROL PUMP IN ABOVE
                    RAHMANIYA RESTORANT GANPATI NAKA BURHANPUR
                    DISTRICT BURHANPUR (MADHYA PRADESH)

                                                                                             .....APPLICANT
                    (BY SHRI M.P. TRIPATHI - ADVOCATE)

                    AND
                    1.     RAJESH S/O BALKRISHNA LAD R/O ITWARA P.S. GANPATI
                           NAKA BURHANPUR (MADHYA PRADESH)

                    2.     STATE OF MADHYA PRADESH THROUGH DISTRICT
                           MAGISTRATE BURHANPUR (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                    (BY SHRI S.M. PATEL - PANEL LAWYER)

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

This revision petition has been filed with a short prayer to extend the time of 30 days granted by the Appellate Court for depositing rest of the compensation amount as awarded by the trial Court to a period of 90 days.

Heard.

On a perusal of the appellate judgment passed by 2nd A.S.J. Burhanpur in Cr.A. No.01/2023 (Mohd. Iqbal and others vs. Rajesh and others), it is apparent that learned Appellate Court has modified the sentence as it has removed jail sentence. As such

appeal has been partly allowed and sentence till rising Court has been passed. Appellate Court directed appellant to deposit compensation of Rs.8,12,053/- within a period of 30 days from the date of appellate judgment i.e. 13.12.2023.

As per learned counsel, two months time be extended to deposit the aforesaid amount as he has already deposited an amount of Rs.5,10,000/- before the trial Court.

On due consideration, prayer is allowed.

It is directed that in para 20 of the appellate judgment 90 days be read in place of 30 days.

This criminal revision is disposed of accordingly. It is made clear that if applicant fails to comply with the orders of the Appellate Court modified by this Court to the

extent of time, he shall undergo to suffer the sentence as directed by the Appellate Court.

This revision is disposed of accordingly.

(DINESH KUMAR PALIWAL) JUDGE ak