Madhya Pradesh High Court
Pakash Khatri vs The State Of Madhya Pradesh on 8 March, 2025
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2025:MPHC-GWL:5724
1 CRR-4337-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE LOK ADALAT
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HARISH DIXIT, SENIOR ADVOCATE
ON THE 8 th OF MARCH, 2025
CRIMINAL REVISION No. 4337 of 2018
PAKASH KHATRI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Mukesh Sharma - Advocate for the appellant.
Shri Harish Sharma - Public Prosecutor for the respondent/State.
ORDER
The present petition under Section 397 and 401 of Cr.P.C. is
preferred by the petitioner against the judgment of conviction and order of
sentence dated 30.08.2018 passed by 6th Additional Sessions Judge, Gwalior
(M.P.) in Criminal Appeal No.692/2017 affirming the judgment of
conviction and order of sentence dated 04.12.2017 passed by learned JMFC
Gwalior in Criminal Case No.5985/2011, by which petitioner has been
convicted under Section 7 (1) read with Section 16 (1) of Food Adulteration
Prevention Act, 1954 (hereinafter shall be referred to as the Act of 1954) and
sentenced to undergo 6 months' R.I. with fine of Rs.5,000/- and under
Section 7 (3) read with Section 16 (1) of the Act of 1954 and sentenced till
rising of the court with fine of Rs.500/- with default stipulations.
2. It is the submission of learned counsel for the petitioner that the
NEUTRAL CITATION NO. 2025:MPHC-GWL:5724
2 CRR-4337-2018
present case pertains to offence under Section 7 (1) read with Section 7 (3)
of the Act of 1954. The offence is of the year 2011 and petitioner suffered
total incarceration of 12 days pre and post trial confinement. Further from the
date of incident, petitioner suffered almost 14 years' ordeal of trial. Hence,
it is submitted that the case of petitioner be considered for the
sentence which is already undergone by him, for which he is 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 petitioner is ready to pay enhanced fine
amount/compensation, then only his case for undergone may be considered
so that enhanced amount (fine) can be given to the complainants which may
come for their welfare.
4. Considering the facts and circumstances of the case,
especially looking to the fact that for almost 15 years, petitioner has
suffered ordeal of trial and the proceedings before the trial court,
appellate court and as well as before this Court and the fact that petitioner
has already suffered around 12 days' incarceration, jail sentence of petitioner
is reduced to the period already undergone by him 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. Petitioner is directed to pay enhanced compensation of
Rs.50,000/- within two months from today while giving undertaking before
the trial Court that if he failed to pay the enhanced amount of compensation
NEUTRAL CITATION NO. 2025:MPHC-GWL:5724
3 CRR-4337-2018
i.e. Rs.50,000/- (in addition to the fine amount as imposed by the Courts
below) within stipulated period of time, then the trial Court shall proceed
against the petitioner to serve remaining part of his jail sentence for which
the Courts below have sentenced him. It is made clear that this benefit
of undergone has been given to the petitioner in peculiar facts
and circumstances of the case where petitioner has suffered incarceration for
around 12 days. The enhanced compensation amount shall be paid in favour
o f Juvenile Justice Fund having Saving Bank Account No.60411029562 of
Bank of Maharashtra, Branch Govindpura, Bhopal, IFSC Code
MAHB0001988 (a statutory fund created for the welfare of
juveniles). Petitioner is on bail. His bail bonds stand discharged.
5. Resultantly, the revision petition preferred by the petitioner stands
disposed of in above terms.
6. Copy of the judgment be sent to the trial Court concerned
for information and necessary compliance.
(ANAND PATHAK) (HARISH DIXIT)
MEMBER MEMBER
SP
