Citation : 2025 Latest Caselaw 6525 MP
Judgement Date : 22 May, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:13598
1 CRR-1600-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 22nd OF MAY, 2025
CRIMINAL REVISION No. 1600 of 2025
VIKRAM SINGH SONDJIYA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Akhilesh Kumar Saxena, learned counsel for the appellant.
Shri Anand Bhatt, learned counsel for the respondent/state.
ORDER
This is a revision u/s.397/401 of the Cr.P.C. arising out of judgment of conviction and sentence dated 03.04.2025 passed by Sessions Judge, Mandsaur in Criminal Appeal No.178/2024 convicting the applicants under sections 323/34 and 325/34 of IPC each and sentenced them to undergo 3 months RI each with fine of Rs.2000/- each under section 325/34 of IPC and fine of Rs.1000/- each under section 323/34 of IPC affirming the judgment passed by JMFC Mandsaur in RCT No.1527/2021 and modifying the sentence of three years RI with fine of
Rs.2000/- each under section 325/34 of IPC and Rs.1000/- fine each under section 323/34.
Counsel for the applicant submits that the applicants have already undergone jail sentence of one and half months (50 days) out of 3 months jail sentence and the incident had taken place on 05.11.2021. The applicants were on bail during trial, appeal and revision and did not misuse the liberty. They maintained good record and relation with the complainant. No purpose would be
NEUTRAL CITATION NO. 2025:MPHC-IND:13598
2 CRR-1600-2025 served in sending the applicant in jail after such a long period. Therefore, the applicants may be sentenced to the period already undergone and fine amount may be increased, which may be directed to be paid to the complainant.
Counsel for the State does not dispute the aforesaid facts. After hearing learned counsel for parties and taking into consideration the short jail sentence of the applicants, the period already undergone by them and the fact that the offence under which the applicants have been convicted, no minimum jail sentence is prescribed, I am of the opinion that a case is made out for sentencing the applicants to the period already undergone with enhancement of fine amount. Further the incident had taken place on 05.11.2021 and the applicants have maintained good record and did not misuse the liberty. No purpose would be served in keeping the applicants in jail after such long period.
Therefore, the revision is partly allowed . The conviction is maintained. The jail sentence of the applicants under section 325/34 of IPC is reduced to the period already undergone by them and the fine amount is enhanced from Rs.2000/- to Rs.5000/- each. Out of total Rs.15,000/-, Rs.9000/- shall be distributed equally to the victims by the trial court. The applicants shall be released from the jail on deposit of the enhanced fine amount.
(VIJAY KUMAR SHUKLA) V. JUDGE
Sourabh
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