Madhya Pradesh High Court
Murarilal Ojha vs Kanishtha Yantri Madhya Pradesh Madhya ... on 6 June, 2024
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6832/2024
(Morari Lal Ojha Vs. Junior Engineer MPMKVV Company Ltd.)
Gwalior, dated : 06.06.2024
Shri Pawan Kumar, learned counsel for the appellant.
Shri Anil Shukla, learned Public Prosecutor for the
State.
1. Record of the Court below be called for.
2. Issue notice to the respondent on payment of process
fee within four working days through registered A.D. post as
well as ordinary mode, returnable within four weeks.
3. Heard on I.A. No.11474/2024, an application under
Section 389 (1) of Cr.P.C. for suspension of sentence and
grant of bail.
4. By the impugned judgment dated 17.05.2024 passed
by Special Judge (Electricity), Ambah, District Morena the
appellant has been convicted under Section 135(1)(Ka) of
Electricity Act, 2003 and sentenced to undergo six months' RI
and under Section 154(5) of Electricity Act the appellant was
further directed to pay compensation amount of Rs.1,79,958/-
to the Company.
5. It is the submission of learned counsel appearing for
the appellant that learned Trial Court has already suspended
the jail sentence of the appellant for a period of one month. It
is further submitted that learned trial Court without
appreciating the evidence properly, wrongly convicted the
appellant for the aforesaid offences. There are several
omissions and contradictions in the evidence adduced by the
prosecution. Hence prayed for suspension of the jail sentence
and release of the appellant on bail since the hearing of this
appeal will take time.
6. Learned Public Prosecutor for the respondent-State
opposed the prayer and submitted that the guilt of the
appellant was proved beyond reasonable doubt, therefore,
learned trial Court has rightly convicted and sentenced the
appellant.
7. Considering the overall facts and circumstances as
well as looking to the fact that the Trial Court has already
suspended the jail sentence of the appellant for a period of
one month, without commenting on merits of the case as there
is no possibility of early hearing of this criminal appeal
before this Court, hence, I.A. No.11474/2024 is allowed and
it is ordered that on furnishing a personal bond of Rs.50,000/-
(Rupees Fifty Thousand Only) by the appellant with a
solvent surety of the like amount to the satisfaction of the
concerned trial Court, appellant's jail sentence shall remain
suspended and till decision of the appeal, he be released on
bail. The appellant is further directed to remain present
before the Registry of this Court on 15.07.2024 and thereafter
on such subsequent dates as may be fixed by the same for
next three years or till the conclusion of the appeal.
8. A copy of this order be sent to the Court concerned
for compliance.
Certified copy as per rules.
(Milind Ramesh Phadke)
Vacation Judge
neetu
NEETU Digitally signed by NEETU SHASHANK
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
SHAS
GWALIOR,
2.5.4.20=36b486bb0d381b950e435ec09
e066bc6b58cb947c1474b7dc349a1cf27e
aa2ce, postalCode=474001, st=Madhya
Pradesh,
serialNumber=E60A9BBFC39E0EE500EA
HANK
ADE1E0B3B8565CB3A7DC9F5CD048197
DF0FF3149AE58, cn=NEETU SHASHANK
Date: 2024.06.06 17:35:47 -07'00'
