Mohan Bai vs M.P. Madhya Kshatra Vidyut ...
2021 Latest Caselaw 1049 MP

                                                              1                           CRA-1997-2021
                               The High Court Of Madhya Pradesh
                                          CRA-1997-2021
                                  (MOHAN BAI Vs M.P. MADHYA KSHATRA VIDYUT BEETARAN COM. LTD.)

                      1
                      Jabalpur, Dated : 24-03-2021
                             Shri D.Chandra Malik, learned counsel for the appellant.
                             Let record of the Courts below be called for within one month.
                             Heard    on I.A. No.4775/2021, an application for suspension of
                      sentence and grant of bail to the appellant.
                             The appellant has been convicted for offence punishable under

                      Sections 135 (1) (a) of Electricity Act, 2003 and sentenced to undergo R.I.
                      for four months with fine of Rs.3,000/- in default SI for two months vide
                      impugned judgment order dated 04.03.2021 passed by the Special Judge
                      (Electricity) Bhopal in Special Case No.5700414/2015.
                             Having heard learned counsel for the parties and in view of the fact that
                      the appellant has been awarded four months S.I. and during trial he was on
                      bail and after passing of judgment he was on bail till 03.04.2021, this court
                      considers it a fit case for suspension of sentence and grant of bail to the
                      appellant. The application is, therefore, allowed and it is directed that the

                      sentence of imprisonment, imposed upon the appellant, shall remain
                      suspended during the pendency of this appeal and appellant shall be released
                      on bail his depositing the amount of fine and furnishing a personal bond in the
                      sum of Rs.50,000/- (Rupees fifty thousand) with one solvent surety         in the
                      like amount to the satisfaction of C.J.M. Bhopal for his appearance before the
                      Registry of this Court on 09.11.2021 and on such other dates as may be
                      fixed by the office during the pendency of this appeal.
                             In view of the outbreak of "Corona Virus Disease (COVID-19)", the
                      appellant shall also comply with the rules and norms of social distancing.
                      Further, in view of the order passed by the Hon'ble Supreme court in suo
                      motu W.P.No.1/2020, it would be appropriate to issue the following

Signature Not         directions to the Jail authorities :-
 SAN
Verified

Digitally signed by
PRASHANT
BAGJILEWALE
Date: 2021.03.26
12:36:00 IST
                                     2                             CRA-1997-2021
      1.

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his/her/their release.

2. The appellant shall not be released if he is suffering from "Corona Virus Disease" and for this purpose, appropriate tests will be carried out.

3. If it is found that the appellant is suffering from "Corona Virus

Disease" necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

4. If the appellant is not found infected with the alleged virus, the jail authority shall ensure his transportation from the jail to his place of residence. The transportation shall be done in full compliance of the rules and norms of social distancing.

I.A. No.4775/2021, stands allowed.

List the case for final hearing in due course of time. C.C. as per rules.

(AKHIL KUMAR SRIVASTAVA) JUDGE

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