Madhya Pradesh High Court
Mohan Singh vs The State Of Madhya Pradesh on 7 August, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:37136
1 CRR-2296-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 7 th OF AUGUST, 2025
CRIMINAL REVISION No. 2296 of 2025
MOHAN SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri B.J. Chourasia - Advocate for the applicant.
Ms. Neetu Pashine - Panel Lawyer for the respondent/State.
ORDER
With the consent of learned counsel for the parties, arguments are
heard finally.
This revision petition under Section 438/442 of BNSS, 2023
(Section 397/401 of CrPC, 1973) has been filed by the applicant
assailing the appeal judgment dated 13.03.2025 passed by learned IInd
Additional Session Judge, Panna, District Panna (MP) in Criminal
Appeal No.06/2025 (Halke @ Ramdeen & Others Vs. State of M.P. )
whereby learned Appellate Court has dismissed the appeal filed by the
accused and has affirmed the judgment of conviction and order of
sentence dated 19.12.2024 passed by learned Judicial Magistrate First
Class, Ajaygarh, District Panna (MP) in RCT No.375/2023 ( State of
M.P. Vs. Halke @ Ramdeem & Others ) whereby applicant/accused was
convicted for commission of offence under Sections 457, 380 of IPC and
NEUTRAL CITATION NO. 2025:MPHC-JBP:37136
2 CRR-2296-2025
was sentenced to undergo R.I. for three years with fine of Rs.1,000/- and
R.I. for two years with fine of Rs.1,000/- respectively with default
stipulations. Hence, this criminal revision.
2 . At the very outset, learned counsel for the applicant has
submitted that he does not want to challenge the conviction of the
applicant/accused under Sections 457, 380 of IPC recorded by the Trial
Court and affirmed by the Appellate Court. It is submitted that maximum
sentence of three years RI has been awarded by the Courts below to the
applicant for commission of offence under Section 457 of IPC and out of
that, he has already suffered approximately a period of one year & eleven
months so far. Therefore, it is prayed that jail sentence awarded to the
applicant may be reduced to the period of jail sentence already
undergone by him as he is the first offender.
3 . On the other hand, learned counsel for the respondent/State
has supported the findings given by the Courts below and has prayed for
dismissal of the revision.
4 . I have heard learned counsel for the parties and perused the
findings recorded by the Courts below & the material available on
record.
5 . Both the Courts below have duly appreciated the oral and
documentary evidence on record and have rightly come to the conclusion
that applicant has committed offence under Sections 457 and 380 of IPC.
There are no reasons to interfere with the findings recorded by the Courts
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below. Therefore, conviction of applicant for commission of offence
under Sections 457, 380 of IPC passed by the learned Trial Court and
affirmed by the Appellate Court being just and proper is hereby affirmed.
6. As far as, prayer for reduction of jail sentence of applicant is
concerned, it is apparent that applicant is the first offender and has
already suffered approximately a period of one year & eleven months
days as substantive jail sentence, therefore, I am of the view that it would
be just and proper, if jail sentence awarded to applicant is
reduced/modified to the period already undergone by him so far.
7. Therefore, having taken into consideration the above
submissions and others facts & circumstances of the case, it appears just
and proper to modify the sentence. Therefore, applicant's jail sentence
for commission of offence under Sections 457, 380 of IPC mentioned in
preceding paragraph no.1 is modified and applicant/accused is sentenced
to the period of jail sentence already undergone by him so far by
enhancing the fine amount. Thus, as far the jail sentence of the applicant
is concerned, it is modified and is reduced to the period already
undergone by him by enhancing the fine amount from Rs.1,000/- to
Rs.5,000/- (on each count).
8. Applicant is directed to deposit the enhanced fine amount as
quantified by this Court before the trial Court within a period of one
month from today. The amount of fine, if any, already deposited be
adjusted.
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9 . Registry/trial Court is directed to prepare super-session
warrant/release warrant and to send the same to the Superintendent of
jail/Jail authorities concerned with a direction that if applicant/accused is
not required in any other case, he be released in this case
forthwith. However, it is clarified that if fine amount as quantified by this
Court is not deposited within a period of one month from today,
applicant would surrender himself to serve out the entire jail sentence as
awarded by the learned Courts below with default stipulations.
10. The order of the Trial Court with regard to the disposal of
the property is affirmed.
11. Learned Trial Court is directed to ensure the aforesaid
compliance.
12. Consequently, this criminal revision is disposed of with the
aforesaid modification in the sentence.
13. Let records of Trial Court as well as Appellate Court along
with copy of this order be sent down to Court concerned for information
and necessary compliance through the Sessions Judge, Panna (MP).
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
