Ajay Ramanwal vs The State Of Madhya Pradesh
2024 Latest Caselaw 5880 MP

Madhya Pradesh High Court

Ajay Ramanwal vs The State Of Madhya Pradesh on 27 February, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                                 1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                                ON THE 27 th OF FEBRUARY, 2024
                                             CRIMINAL REVISION No. 4621 of 2023

                           BETWEEN:-
                           AJAY RAMANWAL S/O BADRILAL BERAWA, AGED
                           ABOUT 29 YEARS, OCCUPATION: LABOR R/O SHIVPURA
                           RATLAM FATAK NEAR DURGA TEMPLE NAGDA
                           DISTRICT- UJJAIN
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI RAKESH KUMAR SHARMA, ADVOCATE.)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION NAGDA,
                           DISTRICT- UJJAIN
                           (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI RAHUL SOLANKI, GOVT. ADVOCATE.)

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

With the consent of learned counsel for the parties, the matter has been heard finally at motion stage.

2. This criminal revision u/s 397 r/w 401 of the Code Of Criminal Procedure, 1973 has been preferred by the petitioner/ accused being aggrieved by the judgment dated 03/08/2021 passed by the Additional Sessions Judge, Nagda District- Ujjain, in Criminal Appeal No.16/2016, whereby, the learned Additional Sessions Judge has partly allowed the appeal by acquitting the

petitioner/ accused u/S 294 of IPC and maintaining the conviction and sentence u/S 324 arising out of the judgment of conviction and order of sentence dated 06/11/2015 passed JMFC, Nagda, Ujjain in Criminal case no.115/ 2009, whereby the learned magistrate had convicted the petitioner/ accused u/s 324 and 294 of IPC and sentenced to undergo R.I. of 6 month and fine of Rs. 100/- and 3 months of simple imprisonment, respectively, with default stipulation.

3. Facts of the case in brief are that on 23/02/2009 at 12:00 P.M., the petitioner/accused Ajay Ramanwal had verbally abused the complainant Ajay Deeman and had voluntarily given blow by means of knife on his back and had voluntarily caused hurt to him. The matter was reported on the same day against

the petitioner.

4. The petitioner has preferred this criminal revision on several grounds but during the course of argument, learned counsel for petitioner did not press this revision on merit and does not assail the finding part of the judgment. He confines his argument on the point of sentence only and prays that the petitioner has already undergone incarceration from 03/09/2023 - 20/10/2023. It is further submitted that the petitioner deserves some leniency as he has already suffered the ordeal of trial since 2009. Therefore, it is prayed that this petition be partly allowed and the sentence awarded upon the petitioner be reduced to the period he has already undergone by enhancing the fine amount.

5. Learned counsel for the State on the other hand supports the impugned judgment and prayed for dismissal of this petition.

6. Heard learned counsel for the parties and perused the records. The submission of the learned counsel for the petitioner appears to be just and proper. Hence, finding force in the contention raised by the learned counsel for the petitioner, and the fact that the petitioner suffered the ordeal of criminal case

since 2009. After lapse of almost more than 14 years, no purpose would be served in sending the petitioner to jail after such a long period.

7. Therefore, the revision is partly allowed. The conviction is maintained. The jail sentence of the petitioner is reduced to the period already undergone by him and the fine amount of petitioner/ accused Ajay Ramanwal is enhanced to Rs.5,000/- which shall be paid to the complainant/injured Ajay Deeman. In case if the petitioner fail to deposit the fine amount, the default stipulation shall be of 2 months of simple imprisonment. If any fine amount already paid, the same shall be adjusted with the aforesaid fine amount. The bail bonds of the petitioner shall be discharged after deposit of the fine amount before the learned trial court.

8. Registry is directed to supply copy of this order to the petitioner through their counsel free of cost. A copy of this order alongwith the records be sent to the concerned trial court for necessary compliance.

9. Accordingly, this petition is disposed off.

(PRAKASH CHANDRA GUPTA) JUDGE ajit