Madhya Pradesh High Court
Murari Lodhi vs The State Of Madhya Pradesh on 7 February, 2023
Author: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 416 of 2023
(MURARI LODHI Vs THE STATE OF MADHYA PRADESH)
Dated : 07-02-2023
Shri Taresh Goswami - Advocate for the petitioner.
Ms. Kalpana Parmar - Panel Lawyer for the respondent/ State.
Heard on I.A.No.2220/2023, an application under Section 5 of
Limitation of Act for condonation of delay.
Learned counsel for the petitioner submits that revision petition is delayed
by 90 days. He further submits that petitioner is in custody, therefore, he could
not contact his family members and counsel due to which he could not file this
criminal revision within the limitation period. The delay was not intentional,
therefore, the same may be condoned.
The application is supported by an affidavit of the wife of the petitioner.
Considering the reasons mentioned in the application, I.A.No.2220/2023
is allowed and the delay in filing this criminal revision is hereby condoned.
Also, Heard on I.A.No.2219/2023, an application under Section 397(1)
of Cr.P.C for suspension of sentence and grant of bail filed on behalf of
petitioner- Murari Lodhi.
Petitioner has filed this revision petition against the judgment dated
17.10.2022 passed by Additional Sessions Judge Pichhore, District Shivpuri in
Criminal Appeal No.29/2017, whereby learned appellate Court has allowed the
appeal partly and instead of three years imprisonment sentenced him to undergo
six months imprisonment under Section 325 of IPC with fine of Rs. 1500/- with
default stipulation against the judgment of conviction dated 02.08.2017 passed
criminal case No.285/2016 by Judicial Magistrate First Class Picchore, District
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 2/8/2023
10:22:44 AM
Shivpuri.
Learned counsel for the petitioner has submitted that petitioner alongwith
other co-accused persons were convicted by the trial Court i.e., the Court of
Judicial Magistrate First Class, Pichhore District Shivpuri and the appellate
Court by impugned judgment dated 17.10.2022 acquitted the co-accused
persons while on the same set of evidence convicted the petitioners. Statement
of prosecution witnesses are inconsistent and there is no likelihood of hearing
of this revision in near future. The petitioner is in jail since 17.10.2022. The
remaining period of sentence be suspended. It is also submitted that during the
trial, the petitioner was on bail and he has not misused the liberty granted to
him. Hence, the jail sentence of the petitioner may be suspended and he may be
released on bail.
Learned counsel for the respondent-State has opposed the application
for suspension of sentence and grant of bail.
Having considered the rival submissions and material pointed out by the
learned counsel for the petitioner and the MLC report with regard to injured
person and the period of custody suffered by petitioner but without expressing
any opinion on the merits of the case, I.A.No.2219/2023 is allowed.
Remaining jail sentence of petitioner is hereby suspended.
It is directed that the petitioner be released on bail on furnishing a
personal bond in the sum o f Rs.50,000/-(Rupees Fifty Thousand Only)
along with one surety in the like amount to the satisfaction of trial Court for his
appearance before the Registry of this Court on 11.04.2023 and on such other
dates, as may be fixed by the office in this regard till disposal of this revision.
Certified copy as per rules.
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 2/8/2023
10:22:44 AM
(SATYENDRA KUMAR SINGH)
JUDGE
Adnan
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 2/8/2023
10:22:44 AM
