Research › Search › Judgment

Madhya Pradesh High Court · body

2011 DIGILAW 876 (MP)

Dinesh v. State of M. P.

2011-08-04

N.K.MODY

body2011
ORDER 1. This is a petition under section 482 CrPC seeking benefit of Probation of Offenders Act, to the petitioners. 2. Learned counsel for the petitioner submits that in Sessions Trial No. 259/ 2000 petitioner was convicted for an offence punishable under section 498-A of IPC with imprisonment for one year with fine of Rs. 10,000/-. In Criminal Appeal No. 868/03 vide judgment dated 5.5.2011 the conviction was maintained but the jail sentence was reduced to the period already undergone subject to depositing further sum of Rs. 20,000/-. It is submitted that the petitioner is in employment of the Bank and the conviction will affect the service career of the petitioner. It is submitted that the benefit of Probation of Offenders Act be provided to the petitioners. 3. Learned counsel for the respondent submits that since the judgment has already been rendered by this Court, therefore, no modification can be made in the judgment delivered by this Court in the year 2003. It is submitted that the petition being without any substance deserves to be dismissed. 4. Section 362 CrPC lays down that no Court when it has signed its judgment of final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error. 5. In the matter of Chunni v. State of U.P. reported in (2006) 2 SCC (Cri.) 466, wherein Hon'ble Apex Court had an occasion to examine the provisions of sections 362 and 360 CrPC. It was held that prayer to modify the judgment after conviction by directing the petitioner to be released on probation, under section 4 of Probation of Offenders Act or in alternative under section 360 any provision for modification of the judgment can be considered. 6. Keeping in view that it is a family dispute in which the petitioner was prosecuted by the wife under section 498A of IPC and the petitioner has already been punished by depositing a sum of Rs. 30,000/- and also keeping in view the law laid down by the Hon'ble apex Court it is made clear that the conviction 0 the petitioner shall not affect his service career. 7. With the aforesaid, the petition stands allowed.