Rajendra Verma vs Madhya Pradesh Paschim Kshetra ...
2023 Latest Caselaw 7361 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT INDORE

                                                     CRA No. 6069 of 2023
                             (RAJENDRA VERMA Vs MADHYA PRADESH PASCHIM KSHETRA VIDYUT VITRAN CO. LTD. AND
                                                              OTHERS)



                           Dated : 04-05-2023
                               Shri Avinash Kumar Khare - Advocate for the appellant.
                           ____________________________________________________________

                                 Heard on I.A. no. 6367/2023 which is an application filed under
                           section 389 (1) of Cr.P.C on behalf of appellant for grant of bail and
                           suspension of remaining jail sentence.
                                 The appellant has been convicted under sections 135(1) and
                           138(1) of the Electricity Act and sentenced to undergo two years R.II
                           with fine of Rs. 5000/- on two counts with default stipulation.

                                 Learned counsel for the appellant contended that the appellant is
                           innocent and has been falsely implicated in this offence. After passing
                           the judgment, his jail sentence has been suspended by the trial Court.
                           During trial, he was remained on bail and he has not misused the liberty
                           granted to him. There is material contradictions and omissions in the
                           statement of the prosecution witnesses. He has already deposited the
                           entire fine amount. There is strong case in favour of the appellant. Final
                           disposal of the appeal will take considerable long time. Under these
                           circumstances, he prays that the application be allowed and the
                           remaining jail sentence of the appellant be suspended till final disposal
                           of the appeal.

                                 Heard learned counsel for the appellant and perused the impugned
                           judgment.




Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 04-05-2023
18:12:48
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                                        Considering all the facts and circumstances of the case, arguments
                                  advanced by the appellant's counsel as also taking note of the fact that
                                  the appellant was remained on bail during trial and he has not misused
                                  the liberty granted to him and final disposal of appeal is likely to take
                                  time, I deem it proper to suspend the remaining jail sentence of
                                  appellant

                                        Accordingly, IA No.6367/2023 is allowed and the execution of
                                  remaining jail sentence of the appellant is hereby suspended till the final
                                  disposal of this appeal and it is ordered that the appellant be released on
                                  bail upon his depositing the fine amount, if not already deposited, and
                                  upon furnishing a personal bond in the sum of Rs.75,000/- with one
                                  solvent surety of the like amount to the satisfaction of the trial Court,
                                  with a further direction to appear before the Registry of this Court on
                                  24/11/2023 and on such other dates, as may be fixed by the Registry of
                                  this Court in this regard during the pendency of this appeal.

                                        Let notice be issued to the respondent/s on payment of PF within

seven days; returnable within six weeks.

In the meanwhile, record of the Court below be requisitioned.

C.C. as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 04-05-2023 18:12:48