Madhya Pradesh High Court
Abdul Rauf @ Laddan vs The State Of Madhya Pradesh on 8 March, 2025
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
LOK ADALAT
HON'BLE SHRI JUSTICE ANAND PATHAK
&
SHRI HARISH DIXIT, SENIOR ADVOCATE
ON THE 8th OF MARCH, 2025
CRIMINAL REVISION NO.4234 of 2019
ABDUL RAUF @ LADDAN
Vs.
STATE OF MADHYA PRADESH
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APPEARANCE:
Shri Pawan Vijaywargiya - Advocate for the petitioner.
Shri R.S. Yadav - Public Prosecutor for the respondent/State.
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ORDER
Per. Justice Anand Pathak
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 20/08/2019 passed by the learned Sessions Judge,
Sheopur, District- Sheopur (M.P.) in Criminal Appeal No.02/2019
modifying the judgment of conviction and order of sentence dated
13/10/2018 passed by the learned Judicial Magistrate First Class,
District- Sheopur (M.P.) by which he has been sentenced as under:
Section Sentence Fine
323 of IPC 1 Year RI Rs.1000/- with default stipulation.
2. It is the submission of learned counsel for the petitioner that the
present case pertains to offence under Section 323 of IPC. The
offence is of the year 2013 and petitioner suffered more than 14 days
incarceration as pre and post trial confinement. Further from the date
of incident, petitioner suffered almost 12 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 the
enhanced fine amount/compensation, then only his 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 12 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
suffered incarceration also, 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.,
the fine amount which has been imposed by the Courts below is
hereby enhanced. Petitioner is directed to pay enhanced
compensation of Rs.2,000/- (in addition to the fine amount
imposed by Courts below) within two months from today while
giving undertaking before the trial Court that if he fails to pay the
enhanced amount of compensation i.e. Rs.2,000/- (Rupees Two
Thousand) 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 also. The enhanced compensation amount shall
be paid to the complainant/State after due verification. 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
rahul
RAHUL
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
OF MADHYA PRADESH BENCH GWALIOR,
SINGH
2.5.4.20=eac942476567cd1b39b3da460684034
62fdf82ab676d0cde4dee473fe77953f5,
postalCode=474001, st=Madhya Pradesh,
serialNumber=0275C4F803F94C47998BE5C534
PARIHAR E21BDED910FD4AB9D159B55575E814D05B2EE
D, cn=RAHUL SINGH PARIHAR
Date: 2025.03.19 13:40:51 -07'00'
