Parsram Kushwah vs Mp Madhya Kshetra Vidyut Vitran Co ...
2022 Latest Caselaw 4695 MP

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                HIGH COURT OF MADHYA PRADESH,
                        BENCH AT GWALIOR
                               CRA-3041-2022
           (Parasram Kushwaha Vs. M.P. M.K.V.V. Com. Ltd.)

Gwalior, Dated : 01/04/2022

      Shri C.P. Singh, learned counsel for the appellant.

      Shri R.K. Awasthi, learned Public Prosecutor for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned counsel for the respondent/State accepts notice on behalf of

the respondent/State.

Record of the trial Court be called for.

This appeal has been preferred against the judgment dated 10/03/2022

passed in Special Case No.49/2016 by the Additional Sessions Judge,

Special Court No.3 (Vidyut Adhiniyam), whereby the appellant has been

convicted and sentenced as under :-

          Sections                Sentence       Fine (Rs.)     Default
                                                              Stipulation
  135 of the Electricity Act     6 Months RI     27,534/-     3 Months RI

I.A. No.5127/2022, an application under Section 389 of Cr.P.C. for

suspension of sentence and grant of bail moved on behalf of the sole

appellant- Parasram Kushwaha.

Learned counsel for the appellant submits that accused/appellant has

been falsely implicated in this case and he is not concerned with the case

directly or indirectly. Learned trial Court has already suspended his jail

sentence for a period of one month from the date of judgment. The fine

amount has already been deposited by him. Disposal of appeal shall take

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-3041-2022 (Parasram Kushwaha Vs. M.P. M.K.V.V. Com. Ltd.)

considerable time, therefore, he prays for suspension of sentence and grant

of bail to the appellant.

Per contra, learned Public Prosecutor appearing on behalf of the

respondent/State opposed the prayer and prayed for dismissal of this

application.

Keeping in view of the aforesaid facts and circumstances of the case

particularly, having regard to the facts that sentence has already been

suspended by the trial Court, the appellant has remained bail throughout

trial, but without expressing any opinion of merits, I.A. No.5127/2022 is

allowed.

It is, therefore, directed that sentence of appellant shall remain under

suspension subject to depositing fine amount and on his furnishing personal

bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with

one solvent surety of the like amount to the satisfaction of concerned trial

Court, for his appearance before the Registry of this Court on 20th of June,

2022 and thereafter on all subsequent dates as may be fixed by the office.

Application (IA No.5127/2022) stands disposed of.

Certified copy/e-copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee47 3fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B 55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.04.01 18:59:40 +05'30'