Lokesh Tripathi vs The State Of Madhya Pradesh
2023 Latest Caselaw 7892 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRR No. 474 of 2023
                                       (LOKESH TRIPATHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-05-2023
                                 Shri Manish Datt - Senior Counsel with Shri Eshaan Datt - Advocate

                          for the applicants.
                                 Shri Vinod Tiwari - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.2619/2023 for suspension of sentence and grant of bail.

This revision has been filed against the judgment dated 28/1/2023 passed by VIIIth Additional Sessions Judge Satna, District Satna in Criminal Appeal No.220/2017 arising out of judgement dated 14/9/2017 passed in RCT No.168/2005 passed by Judicial Magistrate Rewa whereby learned appellate Court below dismissed the appeal filed by the appellants and affirmed the order passed by the trial Court wherein the trial Court found the appellants guilty for the offence punishable under Sections 353 and 294 of IPC and sentenced them

to undergo R.I. for 1 year with fine of Rs.1000/- and Rs.500/- respectively with default stipulation.

Learned counsel for the applicants submitted that learned trial Court as well as appellate Court without appreciating the evidence wrongly found the applicants guilty for the aforesaid offence. The applicants were on bail during trial and they have never misused the liberty granted to them. The applicants have been in custody since 28/1/2023. Hence, prayed for suspension of the jail sentence and release of the applicants on bail, since the final hearing of this Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/13/2023 11:04:04 AM

revision will take time.

Learned counsel for the State opposed the prayer and prayed for rejection of the application.

Looking to the facts and circumstances of the case, contention of learned counsel for the applicant and the fact that applicants are in judicial custody since 28/1/2023 and according to listing policy the hearing of this revision will take time, the application is allowed. It is, therefore, directed that execution of the jail sentence passed against the applicants shall remain suspended during the pendency of this revision and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) each with one surety

each in the like amount to the satisfaction of the trial Court, for their appearance before the trial Court concerned on 06.10.2023 and on such further dates as may be fixed by it in this regard during the pendency of this revision.

List the case for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/13/2023 11:04:04 AM