Shiv Narayan Gupta vs The State Of Madhya Pradesh
2024 Latest Caselaw 14550 MP

Madhya Pradesh High Court

Shiv Narayan Gupta vs The State Of Madhya Pradesh on 16 May, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                 ON THE 16 th OF MAY, 2024
                                           CRIMINAL REVISION No. 3037 of 2023

                          BETWEEN:-
                          SHIV NARAYAN GUPTA S/O SHRI RAMKHELAWAN
                          GUPTA, AGED ABOUT 44 YEARS, OCCUPATION: LABOUR
                          R/O VILLAGE HIGMANYA P.S. MAJHAULI DISTT. SIDHI
                          (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI A.P. SHAH - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                MAGISTRATE   DISTRICT SIDHI  (MADHYA
                                PRADESH)

                          2.    STATE OF MADHYA PRADESH THROUGH POLICE
                                STATION MAJHAULI DISTRICT SIDHI (MADHYA
                                PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SMT. SHANTI TIWARI - PANEL LAWYER)

                                This revision coming on for final hearing this day, the court passed the

                          following:
                                                             ORDER

This revision has been filed by the applicant under Section 397/401 of the Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated 26.6.2023 passed by the Sessions Judge, Sidhi, District Sidhi in Criminal Appeal No.19/2023, whereby the applicant has been convicted under Sections 279, 337 (12 counts), 304-A of IPC and sentenced to undergo S.I. for six months, four months and one year respectively with fine of Rs.500/-, Rs.500/-

and Rs.1000/- respectively with default stipulation.

2. Learned counsel for the applicant submits that the applicant does not want to press this revision against his conviction recorded by the trial Court, however, it is submitted that the ends of justice would be met, if the jail sentence of the applicant is reduced to the period already undergone.

3. The counsel for the State has supported the conviction and sentence recorded by the trial Court.

4. Having heard the submissions advanced on behalf of the parties and o n perusal of the impugned judgment and other material on record, since counsel for the applicant has not pressed upon the conviction of the applicant,

therefore, the conviction of the applicant under Sections 279, 337 (12 counts), 304-A of IPC is hereby affirmed.

5. So far as sentence is concerned, the incident took place almost 11 years ago, in the considered view of this Court, no fruitful purpose is going to be served by again sending the applicant to the jail after about 11 years of the incident. Therefore, it would be in the interest of justice if the jail sentence of the applicant is reduced to the period already undergone.

6. Consequently, the revision petition is partly allowed. The conviction of the applicant recorded by the trial Court under Sections 279, 337 (12 counts), 304-A of IPC is hereby affirmed. The jail sentence of the applicant is reduced to the period already undergone with fine (as imposed by the trial Court).

7. The applicant is on bail, his bail bond and surety bond stand discharged.

8. Record of the trial Court be sent back immediately along with a copy of this judgment for information and necessary action.

(MANINDER S. BHATTI) JUDGE VKT