Veerbal Singh Kushwah @ Veeru vs M.P. M.K.V.V. Co.Ltd.
2024 Latest Caselaw 3914 MP

Madhya Pradesh High Court

Veerbal Singh Kushwah @ Veeru vs M.P. M.K.V.V. Co.Ltd. on 9 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 1633 of 2024
                                           (VEERBAL SINGH KUSHWAH @ VEERU Vs M.P. M.K.V.V. CO.LTD.)

                           Dated : 09-02-2024
                                 Shri Madhukar Kulshrestha, learned counsel for the appellant.

                                 Shri Utkarsh Tikhe, learned counsel for respondent.

The appeal being arguable is admitted for final hearing. Heard on I.A.No. 2223 of 2024, first application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

The appeal has been preferred by the appellant under Section 374 of the

Cr.P.C. against the impugned judgment of conviction and sentence dated 20.01.2024 passed by Special Judge (Electricity Act), District Morena (M.P.) in Electricity Special Sessions Trial No. 48/2019 whereby appellant has been convicted and sentenced under Section 135 of Electricity Act to undergo simple imprisonment of 1 year with fine of Rs.1,45,149/- with default stipulation.

Learned counsel for the appellant submits that the Court below has wrongly convicted the appellant without appreciating the materials available on record. There are material contradictions and omissions in the statements of the prosecution witnesses. Fine amount has already been deposited. It is further

argued that appellant was on bail during trial and he did not misuse the liberty so granted. The appeal is likely to take long time to come up for final hearing and the appellant has hope and believe that he would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to appellants.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, application (I.A. No. 2223 of 2024) is allowed and it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his presence before the Registry of this Court on 20.5.2024 and on subsequent dates as may be given in this regard.

List the case in due course.

A copy of this order be sent to the concerned Court below for

compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Vishal