Babu Singh vs M.P.P.K.V.V. Com. Ltd.
2021 Latest Caselaw 1155 MP

                                                                      1                            CRA-1881-2021
                                             The High Court Of Madhya Pradesh
                                                        CRA-1881-2021

(BABU SINGH Vs M.P.P.K.V.V. COM. LTD.)

Jabalpur, Dated : 31-03-2021 Shri S.K. Mishra, learned counsel for the petitioner. Shri Akhilendra Singh, learned Govt. Advocate for the State. Heard.

Admit.

Let the record from Court below be sent for.

Also heard on I.A No. 4507/2021, which is first application for suspension of sentence under Section 389 (1) of Cr.P.C.

2. Appellant is convicted for the offence under Sections 135 (1) (Ka) and 154 (9) of Electricity Act, 2003 and sentenced to undergo 4 years Simple Imprisonment with fine of Rs.53,970/- with default stipulations vide judgment dated 5.3.2021 passed in Sessions Trial No. 100084/2013 by Special Judge, Electricity Act, Hata district Damoh.

3. Learned counsel for the appellant submits that during the trial appellant was on bail and his sentence has been suspended till 5.4.2021. Final

hearing of the appeal is likely to take time. The appellant has a good case in appeal, hence jail sentence be suspended during pendency of the appeal.

4. Per contra learned Govt. Advocate has opposed the prayer.

5. I have considered the submissions of the learned counsel for the parties.

6. Considering the aforesaid and other facts and circumstances of the case, I am of the opinion that the appellant has made out a case for suspension of jail sentence. Thus, the application (I.A No. 4507/2021) for suspension of sentence is allowed. It is directed that on deposition of fine amount and also on furnishing personal bond of Rs.30,000/- (Rupees Thirty Thousands only) with one solvent surety in the like amount to the Signature Not Verified SAN satisfaction of the trial Court for his appearance before this Court/Registry on

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2021.04.01 10:55:05 IST 2 CRA-1881-2021 3rd May, 2021 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellant shall remain suspended, till final disposal of this appeal.

List along with records for final hearing in due course.

(VIRENDER SINGH) JUDGE

vivek

Signature Not Verified SAN

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2021.04.01 10:55:05 IST