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Madhya Pradesh High Court
Shishupal vs The State Of Madhya Pradesh on 13 December, 2025
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
LOK ADALAT
HON'BLE SHRI JUSTICE ASHISH SHROTI
&
SHRI RAJNISH SHARMA, ADVOCATE
ON THE 13th OF DECEMBER, 2025
CRIMINAL REVISION NO. 3780 of 2019
SHISHUPAL & ORS.
Vs.
STATE OF MADHYA PRADESH
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APPEARANCE:
Shri Anshu Gupta - Advocate for the petitioners.
Shri K.K.Prajapati - Public Prosecutor for the respondent/State.
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ORDER
Per. Justice Ashish Shroti-
1. The present petition under Section 397 and 401 of Cr.P.C. is preferred
by the petitioners against the judgment of conviction and order of
sentence dated 24/7/2019 passed by the Sessions Judge, Sheopur
(M.P.) in Criminal Appeal No. 30051/2014 modifying the judgment
of conviction and order of sentence dated 14/7/2010 passed by the
Judicial Magistrate First Class, Sheopur (M.P.). By the impugned
judgment, the sentence of appellant has been modified and they have
been sentenced as under:
Section Sentence Fine
325/149 of IPC 6-6 months RI Rs.2000/- each with default
stipulation.
2. It is the submission of learned counsel for the petitioners that the
present case pertains to offence under Section 325/149 of IPC. The
offence is of the year 2010 and petitioners suffered about eight days
incarceration as pre and post trial confinement. Further from the date
of incident, petitioners suffered almost 15 years' ordeal of trial.
Hence, it is submitted that the case of petitioners be considered for
the sentence which is already undergone by them, for which they are
ready to pay compensation/fine at higher side in view of provisions of
Section 357 of Cr.P.C.
3. Learned counsel for the respondent/State opposed the prayer.
However, he fairly accepted that if petitioners are ready to pay the
enhanced fine amount/compensation, then only their case for
undergone may be considered so that enhanced amount (fine) can be
given to the complainant.
4. Considering the facts and circumstances of the case, especially
looking to the fact that for about 15 years, petitioners have suffered
ordeal of trial and the proceedings before the trial court, appellate
court and as well as before this Court and the fact that petitioners
have suffered incarceration also, jail sentence of petitioners is
reduced to the period already undergone by them maintaining the
conviction recorded by the Courts below and in view of Section 357
of Cr.P.C., fine amount which has been imposed by the Courts below
is hereby enhanced. Petitioners are directed to pay enhanced
compensation of Rs.2,000/- each (in addition to the fine amount
imposed by Courts below) within two months from today while
giving undertaking before the trial Court that if they fail to pay the
enhanced amount of compensation i.e. Rs.2,000/- (Rupees Two
Thousand only) within stipulated period of time, then the trial Court
shall proceed against the petitioners to serve remaining part of their
jail sentence for which the Courts below have sentenced them. It is
made clear that this benefit of undergone has been given to the
petitioners in peculiar facts and circumstances of the case where
petitioners have suffered incarceration also. The enhanced
compensation amount shall be paid to the complainant after due
verification. Petitioners are on bail. Their bail bonds stand
discharged.
5. Resultantly, the revision petition preferred by the petitioners stands
disposed of in above terms.
6. Copy of the judgment be sent to the trial Court concerned for
information and necessary compliance.
(ASHISH SHROTI) (RAJNISH SHARMA)
MEMBER MEMBER
jps/-
