Madhya Pradesh High Court
Deepak vs The State Of Madhya Pradesh on 20 July, 2022
Author: Anjuli Palo
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1515 of 2020
(DEEPAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 20-07-2022
Shri Shahbaaz Khan, Advocate for the appellants.
Shri C.K. Mishra, Government Advocate for the State.
Heard on question of admission.
The appeal is admitted for final hearing.
Learned counsel for the appellants seeks permission to withdraw I.A.
No.2866/2020, which is first application under section 389 (1) of Cr.P.C. on
behalf of appellants for suspension of sentence and grant of bail.
Prayer is allowed.
Accordingly, I.A.No.2866/2020 is dismissed as withdrawn.
Also heard on I.A.No.20187/2021, which is second application under
section 389 (1) of Cr.P.C. on behalf of appellant No.1- Deepak and appellant
No.2-Kamlesh for suspension of sentence and grant of bail.
B y the impugned judgment dated 31.01.2020 passed by the Special
Judge, Electricity Act, Lakhnadaun, District Seoni in Special Case No.202/2011,
the appellants have been convicted by the trial Court under Section 136 of
Electricity Act and sentenced to undergo R.I. for 2 years each and with fine of
Rs. 1000/- each respectively, with default stipulations.
Learned counsel for the appellants submitted that appellants are innocent
and have falsely been implicated in the crime in question. He further submits
that appellants are aged about 27 years and 28 years. He produce the copy of
Signature Not Verified
SAN the order sheet, it shows that on 18.07.2022 appellants have already been
Digitally signed by NITESH PANDEY
Date: 2022.07.20 18:15:11 IST surrendered before the trial Court now they are in custody since 18.07.2022.
Final disposal of this appeal would take considerable time. Hence, prayer has
been to suspend the jail sentence of the appellants.
Learned Government Advocate has opposed the prayer for suspension
of sentence.
Considering the over all facts and circumstances of the case and taking
into account that the sentence awarded by the trial Court, they are in custody
since 18.07.2022, disposal of present appeal would take considerable time to
conclude, and without commenting on merits of the case, the application is
allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited, and on furnishing a personal bond each in a sum of Rs.30,000/-
(Rupees Thirty Thousand only) each with one surety each in the like amount to
the satisfaction of the trial Court concerned, the custodial sentence of
appellant No.1-Deepak and appellant No.2-Kamlesh shall remain
suspended and they shall be released on bail for securing their presence before
the Registry of this Court on 14.12.2022 and on such other dates as may be
fixed in this regard during pendency of this appeal.
Accordingly, the application I.A. No.20187/2021 is allowed.
List this matter for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
Nitesh
Signature Not Verified
SAN
Digitally signed by NITESH PANDEY
Date: 2022.07.20 18:15:11 IST
