Nandlal Vishwakarma vs Madhya Pradesh Purva Kshetra ...
2022 Latest Caselaw 80 MP

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                                                HIGH COURT OF MADHYA PRADESH : JABALPUR

                                                              Criminal Appeal No.7240/2021
                                            (Nandlal Vishwakarma & another vs.M.P. Purva Kshetra Vitran Co. Ltd.)

                                        Jabalpur, dated : 03.01.2022.

                                                Shri L.P. Singh, counsel for the appellants.
                                                Heard on the question of admission.
                                                The appeal seems to be arguable, hence, admitted for hearing.
                                                Issue notice to the respondent on payment of process fee within 7

days.

I.A. No.21408/2021 is taken up.

This is an application under Section 389(1) of CrPC for suspension of sentence of the appellants who stands convicted and sentenced as under:-

                                        Conviction under Section                        Sentence
                                        138   (1)(Kha)        Vidyut R.I. for 6 Fine             Default- RI for 1
                                        Adhiniyam, 2003              months     Rs.2,500/-       month

It is argued by the learned counsel for the appellants that the appellants were having live electricity connection in the name of their father, therefore, there was no need to take illegal electricity connection from the house of Late Shri Ram Chandra Gupta. The official have falsely implicated them in the case.

Having regard to evidence produced by the prosecution and its appreciation by the trial Court in paragraphs 8 and 9 of the impugned judgment, the nature of allegation made against the appellants and other facts and circumstances of the case, without commenting on the merits of the case, I.A. No.21408/2021 is allowed.

It is directed that on deposition of the fine amount, if not deposited so far, and also on furnishing each of them a personal bond in

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.01.04 17:32:33 IST

the sum of Rs.20,000/- (Rupees Twenty Thousand) each with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the Trial Court on 05.04.2022 and on all other subsequent dates, as may be fixed by the concerned Court in this behalf, the execution of substantial jail sentence imposed on applicants namely Nandlal Vishwakarma and Girdhari Lal Vishwakarma shall remain suspended, till final disposal of this appeal.

In the event of non-appearance of the appellants/applicants, the trial Court shall be at liberty to take coercive action against them to secure their presence under the intimation of this Court.

(Virender Singh) Judge @shish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.01.04 17:32:33 IST