Madhya Pradesh High Court
Preetam Jatav vs The State Of Madhya Pradesh on 10 May, 2025
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2025:MPHC-GWL:10415
1 CRR-5849-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE LOK ADALAT
HON'BLE SHRI JUSTICE ANAND PATHAK
&
SOCIAL WORKER DR. S. K. MATHUR
ON THE 10th OF MAY, 2025
CRIMINAL REVISION No. 5849 of 2018
PREETAM JATAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Petitioner Preetam Jatav is present in person.
None for the respondent.
ORDER
Per. Justice Anand Pathak
Due to call given by High Court Bar Association, Gwalior dated
8.5.2025, lawyers are abstaining from work.
2. 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 29.11.2018 passed by the 2nd Additional Judge to the Court
of First Additional Sessions Judge, Gwalior in Criminal Appeal No.175/2018
modifying the judgment of conviction and order of sentence dated 26.3.2018
passed by JMFC, Gwalior by which he has been sentenced as under:
Section Sentence Fine
337 of IPC 1 month RI 500/-
338 of IPC 6 months RI 1000/-
3. It is the submission of learned counsel for the petitioner that the
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2 CRR-5849-2018
present case pertains to offence under Sections 337 and 338 of IPC. The
offence is of the year 2013 and petitioner suffered near about one month's
incarceration as pre and post trial confinement. Further from the date of
incident, petitioner suffered almost 15 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 in
view of provisions of Section 357 of Cr.P.C.
4. Learned counsel for the respondent/State opposed the prayer.
However, he fairly accepted that if petitioner is ready to pay the
compensation/fine, then only his case for undergone may be considered so
that the fine amount can be given to the complainant.
5. Considering the facts and circumstances of the case, especially
looking to the fact that for more than 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 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 is imposed upon the petitioner.
Petitioner is directed to pay the compensation/fine of Rs.2500/- within two
months from today while giving undertaking before the trial Court that if he
failed to pay the amount of compensation i.e. Rs.2500/- 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
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3 CRR-5849-2018
to the petitioner in peculiar facts and circumstances of the case where
petitioner has suffered incarceration also. The compensation amount shall be
paid to the complainant after due verification. Petitioner is on bail. His 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) (DR. S. K. MATHUR)
MEMBER MEMBER
(alok)
