Virendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6809 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                      Criminal Appeal No.5975/2021
                   (Virendra and Another Vs. State of M. P.)
                                     -1-

Indore, dated 25/10/2021

      Shri Sapnesh Kumar Jain, learned counsel for the appellants.

      Shri Amit Singh Sisodiya, learned Government Advocate for the

respondent / State.

Office is directed to de-link the present appeal from Criminal

Appeal No.4825/2019.

Let the record of the Court below be requisitioned and list the

appeal for admission along with the record.

Also heard on IA No.27176/2021, which is an application for

suspension of sentence on behalf of both the appellants.

Appellants have filed this appeal against the judgment dated

02/09/2021 passed by Special Judge under the Electricity Act, 2003,

Nagda District Ujjain in SCELE/400003/2017, whereby the learned trial

Court has convicted the appellants under section 332 and 353 of the

Indian Penal Code, 1860 and sentenced them to undergo RI for 02

years and 01 years with fine of Rs.3,000/- and Rs.2,000/- respectively

with further default stipulation.

Learned counsel for the appellants submits that the trial Court

has committed an error in appreciating the evidence and convicting

the appellants. The appellants were on bail during trial and they have

never misused the liberty granted by the Court. The jail sentence has

been suspended up to 30/10/2021, hence prayed for suspension of

sentence.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.5975/2021 (Virendra and Another Vs. State of M. P.)

On the other hand, learned counsel for the respondent/State

opposed the prayer.

Considering the facts and circumstances of the case and the

fact that this appeal is likely to take time for final hearing, the

application is allowed and it is directed that the jail sentence passed

against the appellants shall remain suspended and they shall be

released on bail upon their depositing the fine amount (if already not

deposited) and upon their each furnishing personal bond in the sum of

Rs.30,000/- (Rupees Thirty Thousand) with separate solvent surety

in the like amount to the satisfaction of the trial Court for their

appearance before the Registry of this Court on 31/01/2022 and on

such further dates as may be fixed in this behalf by the Registry during

the pendency of this appeal.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2021.10.25 17:48:55 -07'00'