Rajesh Tripathi vs The State Of Madhya Pradesh
2022 Latest Caselaw 918 MP

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          The High Court Of Madhya Pradesh
                  Cr.A.No. 1374 of 2021
        (RAJESH TRIPATHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Gwalior, Dated: 19/01/2022
      Heard through Video Conferencing.

      Shri Alok Kumar Sharma, learned counsel for the appellants.

      Shri Kuldeep Singh, learned Public Prosecutor for the

respondent/State.

I.A. No.24099/2021, an application for urgent hearing, is taken

up, considered and allowed for the reasons mentioned therein.

The appeal being arguable is admitted for final hearing.

Record of the Court below be called, if not called.

I.A. No.23810/2021, second repeat application under Section 389

(1) of CrPC for suspension of jail sentence and grant of bail to the

appellant No.2-Smt. Seema Tripathi @ Kanti Devi, is taken up and

considered.

This criminal appeal assails the judgment dated 19/02/2021

passed in ST No.27/2014 by First Additional District and Sessions

Judge, Gohad, district Bhind (M.P.), whereby appellant No.2 -Smt.

Seema Tripathi have been convicted as under :-

      Sections         Imprisonment Fine
      419/34 of IPC    3 years' R.I.       Rs.1000/-each with default
                                           stipulation.
      420/34 of IPC    7 years R.I.        Rs.2000/- each with default
                                           stipulation
      471/468 of IPC 7 years R.I.          Rs.2000/- each with default
                                           stipulation

It is submitted by the appellant No.2 Smt. Seema Tripathi @

The High Court Of Madhya Pradesh Cr.A.No. 1374 of 2021 (RAJESH TRIPATHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Kanti Devi in her application for suspension of jail sentence that the

trial Court has erred in passing the impugned judgment of conviction

and sentence contrary to law. This is the second application for

suspension of sentence on behalf of the appelllant. Earlier the

appellant was granted interim suspension of sentence for a period of

90 days by the Coordinate Bench of this Court and she has not misued

the liberty so granted to her. It is further submitted that the appellant is

in custody more than two years. The allegation against the appellant is

of getting job in place of complainant. There are lots of contradictions

and omissions in the evidence of the prosecution witnesses. Final

hearing of this appeal shall take considerably long time. Therefore,

considering the period of sentence, learned counsel of the appellant

prays to suspend the jail sentence of the appellant No.02.

Learned State counsel has vehemently opposed the submissions

and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the

documents available on record.

Considering the arguments advanced by learned counsel for the

parties along with facts and circumstances of the case as well as

considering the period of custody suffered by appellant, without

commenting on merits of the case, I.A. No.23810/2021 is hereby

allowed. Subject to depositing of fine amount, if not already

The High Court Of Madhya Pradesh Cr.A.No. 1374 of 2021 (RAJESH TRIPATHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees

One Lakh only) with one solvent surety each of the like amount to

the satisfaction of the concerned Court, the remaining jail sentence of

appellant No.2 Smt. Seema Tripathi @ Kanti Devi shall remain

suspended and she be released on bail. The appellant is further

directed to mark her appearance before the Office of this Court on

11/04/2022 and on subsequent dates given by the Office in this regard,

till final disposal of this appeal.

List the case for final hearing in due course.

Let a copy of this order be sent to the Court below concerned

for information.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge

vpn VIPIN KUMAR AGRAHARI 2022.01.20 19:23:15 +05'30'