Madhya Pradesh High Court
Shivcharan vs M.P.M.K.V.V.Ltd. on 5 October, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 99 of 2011
(SHIVCHARAN Vs M.P.M.K.V.V.LTD.)
Dated : 05-10-2023
Shri Naval Kishor Gupta, Advocate for the appellant.
Shri Rajendra Bhargava, Advocate for respondent.
Heard on IA No.18391/2023, first application under Section 389(1)
Cr.P.C. moved on behalf of the appellant seeking suspension of sentence and
grant of bail.
Appellant stands convicted under Section 138(1) (b) of Electricity Act
and sentenced to undergo Six months RI with fine of Rs.2000/- with default
stipulations vide judgment of conviction and sentence dated 24.01.2011 passed
by Special Judge (Electricity Act), Karera District Shivpuri M.P. in SST No.192
of 2009.
The present appeal was filed challenging the judgment of conviction and
order of sentence dated 24.01.2011 passed by Special Judge (Electricity Act),
Karera District Shivpuri M.P. in SST No.192 of 2009 before this Court way
back in the year 2011 wherein, the sentence of appellant had already been
suspended vide order dated 04.02.2011. But on 19.06.2023, the appeal was
dismissed due to non appearance of earlier counsel of appellant. In
consequence thereof, arrest warrant was issued against the appellant by the trial
court and the appellant was arrested and produced before the trial Court on
28.08.2023. He is in custody ever since. Thereafter, a petition under Section
482 of Cr.P.C was moved on behalf of appellant for recalling of the order dated
19.06.2023 being M.Cr.C.No.42318 of 2023 which was allowed vide order
dated 26.09.2023 by coordinate bench of this Court and the present appeal
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 06/10/2023
9:50:39 AM
was restored to it's original number. Therefore, present appellant has moved
aforesaid IA for suspension of sentence and grant of bail.
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
sentence of appellant had already suspended vide order dated 04.02.2011 but
due to dismissal of appeal for want of prosecution in absence of earlier counsel,
the appellant was arrested and sent to jail. There was no fault on the part of
appellant in dismissal of appeal. 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. There is no likelihood of hearing of appeal in near
future. Therefore, on the ground of parity, present appellant also deserves same
benefit.
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 30.11.2023 and on further dates as may be
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 06/10/2023
9:50:39 AM
directed by the Registry in that regard.
Accordingly, I.A. No.18391/2023 stands allowed and disposed of.
List the matter for final hearing in due course.
Certified copy as per rules
(SANJEEV S KALGAONKAR)
JUDGE
Rks
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 06/10/2023
9:50:39 AM
