Pawandas Mahant vs Chhattisgarh State Electricity ...
2021 Latest Caselaw 3565 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR
                            Order Sheet
                          Criminal Appeal No. 1177 of 2021

    Pawandas Mahant S/o Baratu Das Mahant, aged about 28 years, R/o Navagaon,
     P.S. Bhupdevpur, Tahsil and District- Raigarh (C.G.) (age is not mention cause title)

                                                                               ----- Appellant   s




                                        versus
    Chhattisgarh State Electricity Distribution Company Cooperative through S. Khes
     Assistant Engineer Sub Division, Chhattisgarh State Electricity Distribution Company
     Kusmura District Raigarh C.G.
                                                                          ----- Respondent

08/12/2021 Shri Manoj Kumar Jaiswal, Advocate for the appellant.

None for the respondent.

Heard.

Admit.

Issue notice to the respondent. P.F. as per rules. Also heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 04.09.2021 passed by the Special Judge (Under Electricity Act, 2003) & First ASJ, Raigarh, District Raigarh (C.G.) in Special Case (Electricity Act) No. 72/2018, the appellant stands convicted and sentenced as under:

                              Conviction                             Sentences
                   Under Section 135 of Electricity       S.I. for two years
                   Act

Considering the material available on record, particularly considering the

sentence awarded to the appellant i.e. two years S.I., he was on bail during trial

and after passing of the judgment he is on bail, he did not misuse the liberty so

granted, and disposal of this appeal is likely to take some time, without further

commenting on merit, I am of the opinion that present is a fit case to suspend

the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No. 01 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the

trial Court. He shall appear before the Registry of this Court on 07th February,

2022 and thereafter shall appear before the trial Court on a date to be given by

the Registry and shall continue to appear there on all such dates as are given to

him by the said Court till disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti