A Special Court in Delhi dealing with cases of Members of Parliament and Members of Legislative Assemblies has released Aam Aadmi Party (AAP) MLA Akhilesh Pati Tripathi on probation of good conduct after convicting him in April this year in a 2013 rioting case [State v. Akhilesh Patil Tripathi & Ors].
The court said that convict Akhilesh Pati Tripathi is released on probation of good conduct for a period of 3 months on furnishing a bond of good conduct.
Besides Tripathi, another person named Geeta, convicted in the same case but facing a maximum of 10 years in prison, was also released on probation for a period of two years on furnishing a bond of good conduct. It was noted in the order that none of the offenses against the convicts were punishable either by death sentence or life imprisonment.
The Court had at the time of conviction called for probation reports on both the convicts. After going through these reports, it noted.
There is nothing negative in the probation reports against the convicts, rather the probation officer has recommended that the cases of the convicts be considered for the benefit of probation.
The court held that giving Giving an opportunity of reformation to both convicts.
It was also noted that the case was registered in 2013 and the convicts had faced proceedings for several years. The Court stated that while Geeta did not have any other case against her, Tripathi faced another case but reports showed that he hadn’t been convicted in any other case.
It said that he has deep roots in the society and the convicts are not a threat to society. Further, the convict Geeta is a poor lady which is also reflected from the report of the Probation Officer, and has a daughter of marriageable age. Both the convicts have already remained in custody for around 13 days.
Tripathi was accordingly directed to not get involved in any offense and was warned that registration of any further case would make him liable for cancellation of probation. He was also directed to receive the sentence as may be given by the Court if the benefit of probation is withdrawn.
The court held that he shall maintain peace and harmony and refrain from criminal activity. As per the affidavit filed by the prosecution, the cost of proceedings incurred by the prosecution is ?12,299. The convict is directed to deposit ?6,150 as the cost of proceedings under Section 5 of the Probation of Offenders Act, 1958.
Geeta, in addition to following similar riders as those imposed on Tripathi, was asked to compensate a police official with ?30,000.
In April, the Court convicted Tripathi under Section 186 (obstructing public servant in discharge of public functions) of the Indian Penal Code (IPC) read with Section 149 (member of unlawful assembly), IPC but acquitted him of rioting and other charges.
Tripathi and 17 others faced charges for rioting and obstructing the Delhi Police from doing its duty, using criminal force on police, and voluntarily causing hurt to them after the accused pleaded not guilty and claimed trial.
The MLA and other persons were accused of instigating a mob of hundreds against the Delhi Police by saying it had not taken serious action to catch the perpetrators in a murder case.
Additional Public Prosecutor Manoj Garg appeared for the State. Advocates Prashant Manchanda and Mohit Saroha represented the convicts.