Madan Lal Patel vs Chhattisgarh Electricity Board
2021 Latest Caselaw 48 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet

                                   CRA No. 264 of 2009


     Madan Lal Patel, S/o- Late Shri Khoobchand Patel, Aged about- 31 years, R/o-
      Village- Khapri, Police Station- Masturi, District- Bilaspur (C.G.).

                                                                          ---- Appellant

                                         Versus

     Chhattisgarh Electricity Board, Through- Shri A.K. Ambastha, Aged About 43
      Years, S/o Shri D.P. Ambastha, Management/operation Division, State of
      Chhattisgarh Electricity Board, Tifra, District.-Bilaspur (C.G.)

                                                                        ---- Respondent

06.04.2021 Shri Neeraj Choubey, counsel for the Appellant.

Shri Ghanshyam Patel, G.A. for the State/Respondent.

Due to non appearance of the appellant before the Registry of this Court on 24.11.2020, this Court vide order dated 09.02.2021 issued non bailable warrant against the appellant for his production before this Court today.

In compliance of the above order, the appellant has been produced before this Court by Constable-236 Kshatrapati Dixit, Rakshit Kendra, Bilaspur.

Heard on I.A. No.2/2021, application for suspension of sentence and grant of bail.

By the impugned judgment dated 27.03.2009 passed by the Special Judge ( Electricity Act 2003 under Section 153 (1)) and First Additional Sessions Judge, Bilaspur (C.G.) in Special Criminal Case No.

Electricity Criminal Case No. 31/2008, the appellant stands convicted and sentenced as under:

                Conviction                          Sentences
     Under      Section      135    of    S.I. for 3 months with and fine
     Electricity Act, 2003                of Rs. 1000/- and in default of
                                          payment of fine one month
                                          additional S.I.

Learned counsel for the appellant submits that the appellant has already paid entire fine amount and as also setlled all the due amount before the Chhattisgarh Electricity Board and filed an application under Section 152 of the Electricity Act for compounding the offence.

On the other hand, learned counsel for the State opposes bail application.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, the reasons mentioned in the application I.A. No.2, the same is allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 26th of July, 2021 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal. The appellant shall not involve himself in

any offence of similar nature in future.

List the case for final hearing in due course.

Certified copy as per rules. ist

Sd/-

(Gautam Chourdiya) Judge

Nadim