Madhya Pradesh High Court
Salman vs The State Of Madhya Pradesh on 6 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:20954
1 CRR-2501-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
CRIMINAL REVISION No. 2501 of 2025
SALMAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Sonali Rajoria- Advocate for the petitioner.
Shri Jayesh Yadav - G.A. for the State.
ORDER
(Heard on 31.07.2025)
(Delivered on 06.08.2025)
ORDER
This criminal revision under section 438 read with section 442 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred by the
petitioner being aggrieved by the judgment dated 17.05.2025 in criminal
appeal No.22/2023 by the Fifth Additional Sessions Judge, Dr. Ambedkar
Nagar, District Indore (M.P.) arising out of the judgment dated 04.03.2023 in
criminal case no.1811/2011 by the Judicial Magistrate First Class, Dr.
Ambedkar Nagar, District Indore (M.P.) whereby revision petitioner has
been convicted under section 411 of the IPC and convicted and sentenced to
under go 1 year RI with fine of Rs.10,000/- with default stipulation of 3
months imprisonment.
2. Facts of the case in brief is that revision petitioner was put on trial
under section 457 and 380 of the IPC for causing theft by trespass in the
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intervening night of 25-26.05.2021 after sun set and before sun rise from the
house of Dilip Singh situated at Gram Pigdamber, Red Wood Colony within
the jurisdiction of P.S.- Kishanganj Indore regarding which crime
no.111/2021 was registered and final report was submitted against three
persons including present revision petitioner under sections 457, 380 and 411
of the IPC.
3. Trial court has convicted the revision petitioner under sections 457
and 330 IPC and sentence to 3 years RI with fine of Rs.5,000/- for each
offence to be run concurrently. In appeal the conviction under section 457
and 380 of the IPC was altered to section 411 of the IPC and sentence
inflicted in para-1 of the judgment.
4. The revision petition has been preffered on the ground that
testimony of interested witness is contradictory and cannot be relied upon.
No property has been recovered from the possession of the revision
petitioner. He is a youth of age 24 years.
5. Heard.
6. Counsel for the respondent/State opposes the revision petition.
7. Perused the record.
8. Conviction of the revision petitioner under section 411 of the IPC
does not suffer any illegality as property stolen from the house of Dilip
Singh Chouhan (PW-5) and Rekha Chouhan (PW-6) has been recovered
from the house of Kailash Soni on the information of revision petitioner
recorded as Exhibit-P/10 by Sub-Inspector Anil Chakre (PW-4) and there is
no explanation of the review petitioner regarding the knowledge of stolen
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property. Accordingly, conviction of the revision petitioner under section
411 of the IPC is affirmed.
9 . Short sentence serves no purpose as the petitioner has already
undergone the period of 3 months sentence of imprisonment. There is no
criminal antecedent. Sending the revision petitioner in jail will protect the
society only for a period of 9 months whereas the provision of Probation of
Offenders Act, 1958 will protect the society for a period of 3 years and will
provide an opportunity to the revision petitioner to live a dignified
life. Therefore, in the light of Mukesh vs. State of M.P - 2016 (3) MPWN
274, Lakhanlal @ Lakhan Singh vs. State of M.P - 2019 (2) JLJ 457 , and
considering the nature of offence and circumstances of the case and accused
being first offender it is a fit case where the benefits of Section 4 of
Probation of Offenders Act, 1958 can be extended to accused/petitioner
Salman.
10. Therefore, instead of directing the accused/revision petitioner at
once to undergo imprisonment, it is directed that he shall be released under
the provision of section 4 of the Probation of Offenders Act, 1958 on
probation of good conduct for a period of three years subject to his
furnishing a personal bond in the sum of Rs.20,000/- (Rupees Twenty
Thousand) to the effect that he shall keep peace and be of good behaviour
during the said period of three years and shall appear to receive sentence
when called upon by the Court.
11. Under Section 5 of Probation Of Offenders Act, 1958 the accused
Salman shall also pay Rs.10,000/- (Rs.Ten Thousand only) as compensation
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for the loss of property by the commission of the offence. The accused
Salman shall deposit the compensation amount within 60 days failing which
the said amount shall be recovered from him in accordance with law.
12. In view of the aforesaid, criminal revision is partly allowed and
disposed off.
13. Record of the trial court be remitted back.
C.C. as per rules.
(GAJENDRA SINGH)
JUDGE
ajit
