Kamlesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 811 MP

                                   1                             CRA-1772-2021
        The High Court Of Madhya Pradesh
                   CRA-1772-2021
                    (KAMLESH Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 17-03-2021
      Shri Ambuj Jain and A. Gupta, counsel for the appellant.
      Mr. S.K. Malvi, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No. 4293/2021 which is first application for suspension

of sentence filed on behalf of appellant.

Appellant stands convicted vide judgment dated 15.02.2021 passed by the Special Court, Electricity Act, Bina District Sagar in Special Electricity Case No. 111/2014 for offence punishable under Section 136 of the Electricity Act, 2003 and sentenced to undergo RI for two years with fine of Rs. 5,000/- with default stipulations.

Learned counsel for the appellant submits that the sentence awarded to the appellant is two years. It is further submitted other co-accused persons, Raghunath and Rambabu have already been enlarged on bail and their

sentences have been suspended. Final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer for the State has opposed the bail application. Considering the facts and circumstances of the case and quantum of sentence awarded to the appellant as well as on the principle of parity, without commenting upon the merits of the case, I.A. No.4293/2021 is allowed.

I t is directed that on furnishing a personal bond in the sum of Rs. 40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the remaining part of the substantive jail sentence imposed upon appellant - Kamlesh shall remain suspended during the pendency of this case and he shall be released on bail.

2 CRA-1772-2021 Appellant shall appear before the concerned trial Court on 11.08.2021 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

I.A.No.4293/2021 stands disposed of.

Record of the Court below be called for.

List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2021.03.17 17:57:53 IST