IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR LOK ADALAT HON'BLE SHRI JUSTICE ASHISH SHROTI &

SHRI RAJNISH SHARMA, ADVOCATE ON THE 13^th OF DECEMBER, 2025 CRIMINAL REVISION No. 347 of 2017 IMRAN KHAN Vs.

STATE OF MADHYA PRADESH ----------------------------------------------------------------------------------------------------------

APPEARANCE:

Shri Rahul Jha – Advocate for the petitioner.

Shri B.M. Patel – 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 03/04/2017 passed by 04^th Additional Sessions Judge, District- Vidisha (M.P.) in Criminal Case No.85/2016 affirming the judgment of conviction and order of sentence dated 03/03/2016 passed by the learned Judicial Magistrate First Class, Vidisha (M.P.) by which he has been convicted under Section 457 (Part-I) of IPC and has been sentenced to undergo the rigorous imprisonment of 06 months with a fine of Rs.100/- with default stipulations.

2. It is the submission of learned counsel for the petitioner that the present case pertains to offence under Section 457 of IPC. The offence is of the year 2015 and petitioner suffered more than 08 days incarceration as pre and post trial confinement. Further from the date of incident, petitioner suffered almost 10 years' ordeal of trial. Hence, it is submitted that the case of petitioner be considered for the sentence he is already undergone, 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 about 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., the fine amount which has been imposed by the Courts below is hereby enhanced. Petitioner is directed to pay enhanced compensation of Rs.1,000/- (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.1,000/- (Rupees One Thousand 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 them. 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) (RAJNISH SHARMA)

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