HARI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision application has been filed by the applicant assailing the judgment of conviction and order of sentence dated 30.6.2009 passed by learned Judicial Magistrate, First Class, Deori in Criminal Case No.921/2008 which has been affirmed by learned Sessions Judge, Sagar in Criminal Appeal No.222/2009 vide judgment dated 31.8.2009.

(2.) THE only contention of the learned counsel for the applicant is that he is not pressing the revision on merit but is pressing this revision only on the quantum of sentence. THE contention of the learned counsel for the applicant is that the applicant has been convicted for the offence punishable under Section 392 of the IPC and thereby sentenced to suffer R.I. for one year and fine of Rs.3000/-; in default of payment of fine further R.I. for three months. Learned counsel submits that the applicant has already suffered Jail sentence of near about three months and this has also been so mentioned in the bail order dated 22.9.2009.

(3.) RESULTANTLY, this revision application succeeds in part. The conviction of appellant under Section 392 IPC is hereby affirmed, however, sentence is modified as mentioned herein- above. The applicant is on bail, however, his bail bonds shall stand discharged only after applicant deposits the balance amount of compensation of Rs.2000/- on or before the date mentioned herein- above, failing which he shall undergo the Jail sentence of six months R.I. If he deposits the balance amount of compensation his bail bonds shall stand discharged. In case, applicant fails to deposit the balance amount of compensation or fails to appear on 28.6.2012, the learned Trial Court shall send him to Jail and shall send the report to the Registry of this Court. The learned Trial Court in that situation shall issue show cause notice to his surety and shall be free to pass necessary orders in accordance to the law against him.