Judgment:
Criminal Revision No.1886/1999 2.5.2013 Shri Nishant Datt, Advocate for the applicant.
Shri R.P.Tiwari, GA for the State.
Heard finally.
This revision petition has been filed by the applicant under Section 397/401 of the Cr.P.C.being aggrieved by judgment dated 23.12.1999 passed by Additional Sessions Judge, Nasrullahganj, District Sihore in Criminal Appeal No.100/97 affirming the conviction and sentence recorded by JMFC, Nasrullahganj vide order dated 29.11.1997 passed by in Criminal Case No.140/96 whereby the applicant has been convicted under Section 456 of the IPC and sentenced to R.I.for 6 months and fine of Rs.500/-, with default stipulation.
Learned counsel for the applicant has submitted that he does not want to press the conviction recorded by the Courts below.
However, the incident had taken place in the year 1996, 16-17 years have elapsed by now, the applicant has suffered the jail sentence of about 12, the ends of justice would be met, if the applicant is sentenced for the period already undergone and fine.
Learned Government Advocate for the State has supported the conviction and sentence recorded by the Courts below.
I have heard the learned counsel for the parties at length and gone through the judgment and order passed by the Courts below.
Since the learned counsel for the applicant has not pressed for conviction of the applicant recorded by the Courts below under Section 456 of the IPC, same is hereby affirmed.
However, the incident took place 16-17 years before, in my opinion, no useful purpose is going to be served by again sending the applicant to the jail.
The applicant has suffered the jail sentence of about 12 days, in these circumstances, in my opinion, it would be in the interest of justice if the applicant is sentenced for the period already undergone i.e.12 days and fine of Rs.3000/-.
Consequently, the revision is partly allowed.
The conviction of the applicant recorded by the Courts below under Section 456 of the IPC is hereby affirmed.
However, the sentence of the applicant recorded by the Courts below is hereby reduced.
The applicant is sentenced for the period already undergone i.e.12 days and fine of Rs.3000/-.
Let remaining fine amount be deposited by the applicant within one month from today before JMFC, Nasrullahganj, District Sehore.
The applicant is on bail, his bail bonds and surety bonds stand discharged.
Record of the trial Court be sent back immediately along with the copy of this order for compliance and necessary action.
(G.S.Solanki) Judge PB