Madhya Pradesh High Court
Rajveer @ Ramveer Singh vs The State Of Madhya Pradesh Thr on 8 March, 2025
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2025:MPHC-GWL:5567
1 CRR-738-2015
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. 738 of 2015
RAJVEER @ RAMVEER SINGH
Versus
THE STATE OF MADHYA PRADESH THR
Appearance:
Shri Pawan Vijayvargiya - Advocate for petitioner.
Shri A.K. Nirankari - G.A. for respondent/State.
ORDER
1. 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 13.08.2015 passed by II Additional Sessions Judge, Sheopur
in Criminal Appeal No.19/2015; whereby, the judgement of conviction and
order of sentence dated 11.03.2015 passed by CJM, Vijaypur, District
Sheopur in Criminal Case No.57/2011 was affirmed and petitioner has been
convicted as under :
Offence Imprisonment Fine
304-A of IPC 6 months R.I. Rs.500/- with default stipulation.
2. It is the submission of learned counsel for petitioner that the present
case pertains to offence under Section 304-A of IPC. The alleged offence is
of the year 2011 and petitioner suffered total 11 days' incarceration as pre
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2 CRR-738-2015
and post trial confinement. Further, from the date of incident, he has already
suffered around 10 years' long 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,
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 more than a decade petitioner has suffered ordeal
of trial and proceedings before the Trial Court/Appellate Court and as well as
before this Court and the fact that petitioner has already suffered around 11
days' incarceration, jail sentence of petitioners is reduced to the period
already undergone by them maintaining the conviction recorded by the
Courts below in view of Section 357 of Cr.P.C, fine amount which has been
imposed by the Court below is hereby enhanced.
5. Accordingly, petitioner is directed to pay enhanced compensation of
Rs.5000/-within two months from today to the victim/complainant while
giving undertaking before the trial Court that if they failed to pay enhanced
compensation i.e Rs.5000/- (in addition to the fine amount imposed by the
Courts below) within the stipulated time, then trial Court shall proceed
against him to serve remaining part of jail sentence for which Courts below
sentence him. Thus, if petitioner/revisionist does not deposit the amount as
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3 CRR-738-2015
directed by this Court within the stipulated time, then he shall have to serve
the remaining jail sentence, for which the Courts below 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 suffered around
11 days' incarceration and suffered ordeal of trial for almost 10 years. The
enhanced compensation amount shall be paid to the complainant(s) after due
verification. Petitioners are on bail. Their bail bonds stand discharged.
6. Resultantly, the revision petition preferred by the petitioner stands
disposed of in above terms.
7. Copy of the judgment be sent to the trial Court concerned for
information and necessary compliance.
(ANAND PATHAK) (HARISH DIXIT)
MEMBER MEMBER
(LJ*)
