Subhash Singh vs State of M.P.

Brij Kishore Dube, J.—Vide the judgment of conviction and order of sentence dated 31.05.2012 passed in Criminal Case No. 1339/2011 by the Judicial Magistrate First Class, Bhind, the petitioner herein/accused has been convicted u/s 379 of IPC and sentenced to suffer one years rigorous imprisonment with fine of Rs. 1,000/-. Being aggrieved thereof, criminal appeal was preferred alongwith an application u/s 5 of the Limitation Act by the accused. The Appellate Court vide the impugned order 17.10.2012 passed in Criminal Appeal No. 348/2012 dismissed the application u/s 5 of the Limitation Act and consequently appeal was also dismissed, hence, this Criminal Revision under Sections 397 and 401 of Cr. P.C., has been filed. Learned counsel for the petitioner has submitted that the petitioner does not wish to challenge the finding of conviction recorded by the learned Trial Court and affirmed by learned Appellate Court. His only submission is that the petitioner has already undergone 9 months 4 days of the sentence as on 06.05.2013, the fine amount has already been deposited, and therefore, the learned counsel for the petitioner prays for reduction of jail sentence to the period already undergone by the petitioner.

Learned Public Prosecutor by citing the report dated 06.05.2013 received from the District Jail, Bhind submitted that the petitioner has served 9 months 4 days of the sentence, therefore, prayer of the petitioner may be considered.

As before this Court, the finding of conviction recorded by the learned Courts below against the petitioner has not been challenged by the petitioner, hence, the aforesaid finding is hereby affirmed.

With regard to the sentence awarded is concerned, the petitioner has been sentenced by the learned Trial Court and affirmed by the learned Appellate Court as stated hereinabove.

Under direction of this Court, a report from the concerned Jail is received regarding the period of sentence served by the petitioner. As per the report dated 06.05.2013, the petitioner has served the period of sentence of 9 months 4 days as on 06.05.2013, and is continuously serving the sentence. Under these circumstances, the ends of justice would be sub-served, if the jail sentence of the petitioner is reduced to the period already undergone by him with fine as imposed by the Courts below.

Consequently, this revision petition is allowed in part. The conviction of the petitioner passed by the learned Trial Court and affirmed by the learned Appellate Court u/s 379 of IPC is hereby affirmed but the sentence is set aside and instead thereof, the petitioner is sentenced to the period already undergone by him in jail. The petitioner is in jail, therefore, he be set at liberty if not required in any other criminal case.

With the aforesaid modification, this revision petition is disposed of finally. A copy of this order be sent to the learned Trial Court for necessary compliance.