Narayandas Panika vs Chhattisgarh State Power ...
2021 Latest Caselaw 166 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                  CRA No. 466 of 2021
   Narayandas Panika S/o Sumenddas Aged About 35 Years R/o Village
    Khaparitad, Police Station Mulmula, District Janjgir- Champa Chhattisgarh
                                                                   ---- Appellant
                                      Versus
 1. Chhattisgarh State Power Distribution Company Maryadit Through Executive
    Engineer R.S. Patel (Sanchar And Sudhar), Division Chhattisgarh State
    Power Distribution Company Maryadit, Akaltara, District Janjgir- Champa
    Chhattisgarh
 2. State Of Chhattisgarh Through District Magistrate, Janjgir, District Janjgir-
    Champa Chhattisgarh.
                                                               ---- Respondents

07/06/2021 MR. Vivek Singhal, Counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for Respondent No. 2/State.

Heard on admission.

Issue notice to Respondent No. 1.

PF within seven days.

Call for record of the Court below.

Also heard on IA No. 01/2021 for suspension of sentence and grant of bail to the Appellant.

By the impugned judgment dated 15/03/2021, passed by the learned Special Judge (Electricity Act) District Janjgir-Champa (C.G.) in Electricity Criminal Case No. 143/2019, the Appellant stands convicted under Section 138 (1)(B) of the Electricity Act, 2003 and sentence to undergo S.I. for three months and to pay fine of Rs. 10,000/-, with default stipulation.

Learned counsel for the Appellant submits that the Appellant has been wrongly convicted by the Trial Court without there being any cogent and reliable evidence available in support of the prosecution case. He further submits that during trial, the Appellant was on bail and after the judgment of the Trial Court he was granted temporary bail. Hence, it is prayed that his application may be allowed.

On the other hand learned Counsel for the State opposes the bail application.

I have heard learned counsel for the parties.

After perusing the impugned judgment and considering this fact that the Appellant was on bail during the pendency of trial and has not misused the liberty, this Court is of the opinion that it will be proper to release the Appellant on bail during the pendency of this appeal.

Accordingly, the bail application is allowed.

It is directed that the substantive jail sentence imposed upon the Appellant shall remain suspended and he shall be released on bail on his furnishing a personal bond for a sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 09.08.2021. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this appeal.

List this case for admission in the month of September 2021.

Sd/-

(Arvind Singh Chandel) Judge Shubham