Kesarri Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8908 MP

                                    1                               CRA-7547-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7547 of 2021
                   (KESARRI SINGH Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 16-12-2021
       Presumably due to call given by the Bar Association of Madhya

Pradesh High Court, Gwalior Bench, Advocates are abstaining from the
work, therefore, nobody appeared on behalf of the petitioner.
       The appeal being arguable is admitted for final hearing.
       Record of the Court below be called.

       I.A. No. 33077/2021, an application under Section 389 (1) of CrPC
for suspension of jail sentence and grant of bail to the appellant, is taken up
and considered.
       This appeal has been filed against the judgment of conviction and
sentence dated 10/11/2021 passed by Special Judge (Electricity Act), Guna,
District Guna in S.S.T No. 104/2015 by which the appellant has been
convicted under Section 135(1)(a) Electricity Act and has been sentenced to
undergo rigorous imprisonment of three years with fine of Rs.10,000/- with
default stipulation.

       It is submitted by the appellant Kesari Singh in his application for
suspension of jail sentence that the trial Court has erred in convicting the
appellant. Looking to the statements of the prosecution witnesses as well as
the materials available on record, no prima facie case is made out against the
appellant under Section 135 (1) (a) of Electricity Act. There is various
contradictions and omissions in the statement of the witnesses. It is further
submitted that the appellant was on bail during trial and did not misuse the
liberty granted to him and fine amount has already been deposited. Hence,
prayed to suspend the jail sentence and grant of bail to him.
       Perused the materials available on record.
       Considering the facts and circumstances of the case, without
commenting on merits of the case, I.A. No. 33077/2021 is hereby allowed.
Subject to depositing of fine amount, if not already deposited, and on
                                                      2                              CRA-7547-2021
                   furnishing personal bond of Rs. 75,000/- (Rupees Seventy Five Thousand
                   only) with one solvent surety of the like amount to the satisfaction of the
                   concerned Court, the remaining jail sentence of the appellant shall remain
                   suspended and he be released on bail. The appellant is further directed to
                   mark his appearance before the Office of this Court on 22/3/2021 and on

                   subsequent dates given by the Office in this regard, till final disposal of this
                   appeal.
                         List the case for final hearing in due course.
                         Certified copy/E-copy as per rules.


ALOK KUMAR
2021.12.16

(RAJEEV KUMAR SHRIVASTAVA) 13:55:09 +05'30' 11.0.8 JUDGE

AKS