Madhya Pradesh High Court
Dharmendra vs State Of M.P. on 13 September, 2025
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
LOK ADALAT
HON'BLE SHRI JUSTICE ASHISH SHROTI
&
SHRI RAGHVENDRA DIXIT, ADVOCATE
ON THE 13th OF SEPTEMBER, 2025
CRIMINAL REVISION NO. 410 of 2010
DHARMENDRA
Vs.
STATE OF MADHYA PRADESH
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APPEARANCE:
Shri Akshat Jain - Advocate for the petitioner.
Shri K.K.Prajapati - Public Prosecutor for the respondent/State.
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ORDER
Per. Justice Ashish Shroti-
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 11/5/2010 passed by the Additional Judge to the Court
of First Additional Sessions Judge, Shivpuri in Criminal Appeal
No.71/2010 modifying the judgment of conviction and order of
sentence dated 17/3/2010 passed by Judicial Magistrate First Class,
Kolaras, District Shivpuri (M.P.) by which he has been sentenced as
under:
Section Sentence Fine
324 Three months 1,200/- with default
RI stipulation
2. It is the submission of learned counsel for the petitioner that the
present case pertains to offence under Section 324 of IPC. The
offence is of the year 2009 and petitioner suffered more than 6 days
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 petitioners 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 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.,
fine amount which has been imposed by the Courts below is hereby
enhanced. Petitioner is directed to pay enhanced compensation of
Rs.1800/-(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.1800/- (Rupees One Thousand Eight
Hundred only) 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.
(ASHISH SHROTI) (RAGHVENDRA DIXIT)
MEMBER MEMBER
jps/-
