Lakhan Lal Kashyap vs Chhattisgarh State Power ...
2022 Latest Caselaw 569 Chatt

                                              1

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                   Proceeding through Video Conferencing
                                Order Sheet
                             Criminal Appeal No. 8 of 2022
    Lakhan Lal Kashyap Son of Nanki Ram Kashyap, aged about 63 years, R/o. Village
      Munund, Tahsil and Police Station Janjgir, District Janjgir-Champa (C.G.)
                                                                               ----- Appellants




                                         versus
   1. Chhattisgarh State Power Distribution Company Limited, Champa, Through :
      Executive Engineer K.N. Singh (Sanchar & Sudhar), Division Chhattisgarh State
      Power Distribution Company Limited Champa, District Janjgir-Champa (C.G.)
   2. State of Chhattisgarh, Through : District Magistrate, Janjgir, District Janjgir-Champa
      (C.G.)
                                                                           ----- Respondents

01/02/2022 Shri Vivek Singhal, Advocate for the appellant.

Shri Varun Sharma, Advocate for respondent No.1 Shri Priyanshu Gupta, Panel Lawyer for respondent No.2/State. Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail.

By the impugned judgment dated 16.12.2021 passed by the Special Judge (Electricity Act), District Janjgir-Champa (C.G.) in Electricity Case No. 25/2020, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentence
                   Under Section 135 (1) (A) of           R.I. for two years and fine of
                   Electricity Act, 2003                  Rs.3,32,000/-, in default of
                                                          payment of fine to further
                                                          undergo S.I. for three months

Considering the material available on record, in particular the fact that

maximum sentence awarded to the appellant is of two years with fine sentence

of Rs.3,32,000/-, considering the age of the appellant i.e. 63 years at the time of

incident, the appellant has been granted bail by the trial Courtl till 17.01.2022,

the appellant was on bail throughout and that due to Covid-19 pandemic,

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 2022) 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 depositing the fine amount of Rs.1,70,000/- and

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 24th 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.

According to the learned counsel for the appellant, the appellant has

been throughout on bail till 17.01.2022. If the appellant has not surrendered

before the trial Court, he shall surrender and only thereafter shall be entitled to

have benefit of this bail order.

Certified copy as per rules.

List this appeal for final hearing on 24.02.2022.

Sd/-

(Gautam Chourdiya) Judge

vatti