Gajanlal Chidar vs Madhya Pradesh Madhya Kshetra Vidyut ...
2023 Latest Caselaw 21285 MP

Madhya Pradesh High Court

Gajanlal Chidar vs Madhya Pradesh Madhya Kshetra Vidyut ... on 13 December, 2023

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                     CRA No. 14682 of 2023
                            (GAJANLAL CHIDAR Vs MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN COMPANY LIMITED
                                                                BADODI)

                           Dated : 13-12-2023
                                  Shri Rajiv Budholiya- Advocate for appellant.

                                  None present for respondent- MPEB.

Heard on IA No.21564 of 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 stood 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.216 of 2019.

Learned Counsel for appellant submits that impugned judgment passed b y learned Trial Court is based on assumption, conjecture and surmises. Learned Trial Court has committed an error in convicting and sentencing the 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. Appellant has already deposited Rs.20,000/- out of compensation amount of Rs.67,800/- on 17th of May, 2023. Appellant assures that he shall deposit the remaining compensation amount in instalment. Learned Counsel submits that appellant is in judicial custody and there is no likelihood of early hearing of appeal in near future. On these grounds, he prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Heard Counsel for the appellant and perused the record.

Upon hearing learned Counsel for the appellant, 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.20,000/- 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 12-01-2024 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, aforesaid IA stands allowed and disposed of. Office is directed to supply a copy of this order to respondent- MPEB in regard to this suspension order.

Certified copy as per rules

(SANJEEV S KALGAONKAR) JUDGE

MKB