Rakesh Pal vs M.P.M.K.V.V. Co.Ltd.
2023 Latest Caselaw 12770 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 10081 of 2023
                                                     (RAKESH PAL Vs M.P.M.K.V.V. CO.LTD.)

                            Dated : 08-08-2023
                                  Shri Tapendra Sharma - Advocate for the appellant.

                                  None for the respondent.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Let the record of the Court below be requisitioned. Also heard on IA No. 14662/2023, first application under Section

389(1) Cr. P.C. moved on behalf of the appellant - Rakesh Pal seeking suspension of sentence and grant of bail.

Appellant stands convicted under Section 138(1)(B) of Electricity Act and sentenced to undergo six months imprisonment with fine of Rs.1,000/- with default stipulation vide judgment of conviction and sentence dated 28.07.2023 passed by Special Judge (Electricity Act, 2003), Karera, Distt. Shivpuri in S.C. No.20 of 2019.

Learned Counsel for appellant submits that the learned Trial Court has committed an error in convicting and sentencing the present appellant without

appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. The jail sentence of appellant was suspended by learned trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in near future. Presently, he is on bail. On these grounds, learned Counsel prays that execution of remaining jail sentence Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 8/9/2023 10:26:39 AM

of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to

deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 27.10.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, aforementioned I.A. stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 8/9/2023 10:26:39 AM