Netram Rawat vs M P M Kshe. Vi. Vi. No Limited Badodi
2023 Latest Caselaw 20628 MP

Madhya Pradesh High Court

Netram Rawat vs M P M Kshe. Vi. Vi. No Limited Badodi on 6 December, 2023

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 14683 of 2023
                                           (NETRAM RAWAT Vs M P M KSHE. VI. VI. NO LIMITED BADODI)

                          Dated : 06-12-2023
                                 Shri Rajiv Budholiya, learned counsel for appellant.

                                 Shri Narottam Sharma, learned counsel for respondent.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Heard on IA No.21570/2023, first application under Section 389(1) Cr.P.C. moved on behalf of the appellant seeking suspension of sentence and

grant of bail.

Appellant - Netram Rawat stands convicted under Section 135 of Electricity Act and sentenced to undergo two years' RI with compensation of Rs.67,800/- vide judgment of conviction and sentence dated 13.10.2023 passed by Special Judge (Electricity Act), Shivpuri in Special Case No.217 of 2019.

Learned Counsel for appellant submits that the impugned judgment passed by learned Trial Court is based on assumption, conjecture and surmises. 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. The jail sentence of appellant was already suspended by learned Trial Court upto 12.12.2023. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence 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, regard being had to the period of short sentence awarded to the appellant, 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 deposit of Rs.25,000/- out of remaining compensation amount and 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 for his appearance

before the Registry of this Court on 22/12/2023 and on further dates as may be directed by the Registry in that regard. Rest of the compensation amount shall be deposited within three months, failing which this order shall stand cancelled without reference to this Court.

Accordingly, I.A. No.21570/2023 stands allowed and disposed of. List the matter for final hearing in due course.

Certified copy as per rules

(SANJEEV S KALGAONKAR) JUDGE

Aman