Madhya Pradesh High Court
Neelmani Dubey vs The State Of Madhya Pradesh Electrictiy ... on 21 November, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 14010 of 2023
(NEELMANI DUBEY Vs THE STATE OF MADHYA PRADESH ELECTRICTIY BOAD MP EAST ZONE
ELECTRICITY DISTRIBUTION COMPANY LIMITED )
Dated : 21-11-2023
Shri B.S. Sahu - Advocate for appellant.
Shri D.K. Shrivastava - Government Advocate for respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Let record of court below be called for.
Also heard o n I.A. No.26415/2023, this is first application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant-Neelmani Dubey.
The appellant has been convicted vide judgment dated 25/10/2023 passed
by Fourth Additional Sessions Judge / Special Judge (Electricity Act),
Narsinghpur in SC ELE No. 99/2022 and appellant has been convicted for
offence punishable under Section 135(1)(a) of Electricity Act and sentenced to
undergo SI for 6 months and to pay fine of Rs. 39,415/-.
Learned counsel for the appellant submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant for aforesaid offence. The custodial
sentence of appellant has already been suspended by trial Court till 25/11/2023.
There are fair chances of success of this appeal and final hearing of same will
take considerable time, therefore, if remaining custodial sentence has not been
suspended, then the appeal filed by appellant may turn infructuous. Under these
circumstances, learned counsel for appellant prays for suspension of jail
sentence and release of the appellant on bail till the final disposal of the appeal.
O n the other hand, learned Government Advocate has opposed the
contention raised by learned counsel for appellant and prays for rejection of
said application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that custodial sentence of appellant has already been suspended by
trial Court since 25/11/2023 and according to listing policy the hearing of this
appeal will take time, the application is allowed and it is directed that the
execution of the remaining jail sentence passed against appellant -Neelmani
Dubey shall remain suspended during the pendency of this appeal and he be
released on bail subject to depositing entire fine amount, if already not
deposited and upon his furnishing personal bond in the sum of Rs.500,000/-
(Rs. Fifty Thousand only) with one solvent surety of the like amount to
the satisfaction of the trial Court for securing his presence appearance before
the trial Court on 02/01/2024 and on such further dates as may be fixed by trial
Court it in this regard during the pendency of this appeal.
List the appeal for final hearing in due course
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
