Madhya Pradesh High Court
Munnalal Dhakad vs Madhya Pradesh Madhya Chhetra Vidyut ... on 28 May, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5396 of 2024
(MUNNALAL DHAKAD Vs MADHYA PRADESH MADHYA CHHETRA VIDYUT VITRAN COMPANY LIMITED
POHRI DISTRICT SHIVPURI)
Dated : 28-05-2024
Shri Sooraj Bhan Lodhi - Advocate for the appellant.
Shri Rajendra Bhargava - Advocate for the respondent.
Heard on the question of admission.
Record of the trial Court has been received.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No. 8632 of 2024, first application under Section
389(1) Cr.P.C. moved on behalf of appellant Munnalal Dhakad seeking
suspension of sentence and grant of bail.
Appellant stood convicted under Section 135 of Electricity Act and
sentenced to undergo two years' RI and Section 154(5) of Electricity Act with
fine of Rs.26,000/-, with default stipulations vide judgment of conviction and
sentence dated 27.03.2024 passed by Special Judge (Electricity Act), Shvipuri
(M.P.) in Special Case No.166/2019.
Learned Counsel for appellant, in addition to the grounds mentioned in
the application, submits that the impugned judgment passed b y learned Trial
Court is based on assumption, conjectures 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
contradictions and omissions in the evidence of witnesses. The jail sentence of
the appellant has been suspended by learned trial Court, under Section 389(3)
o f the Cr.P.C for a period of two months. Fine amount of Rs.26,000/- has
already been deposited by the appellant on 27.05.2024. There is no likelihood
of early hearing of appeal in near future. On these grounds, learned Counsel
prays that execution of remaining jail sentence of appellant may be suspended
and he may be enlarged on bail. There is no likelihood of early hearing of appeal
in near future.
Per contra, learned Counsel for respondent State opposes the
application and prays 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 for compliance with
following conditions:-
(1). The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2). The appellant shall appear before the Trial Court on 12/08/2024
and on such further dates as may be directed by the Trial Court;
(3). The appellant shall ensure hearing of the appeal on the date fixed
for such hearing and shall also ensure proper legal representation on his behalf,
on the date notified for hearing.
In case of breach of any of the aforementioned conditions, this order
granting suspension of sentence shall become ineffective.
The Trial Court shall be authorized to grant exemption from attendance
to the appellant on any date, on sufficient cause being shown [Chapter XIII
Rule 42 Sub-Rule 2 of the M.P. High Court Rules, 2008].
Where the appellant does not appear on the date of his appearance
before the Trial Court and no sufficient cause for non-appearance is shown, the
Trial Court shall be authorized to issue non-bailable/bailable warrants to secure
his attendance under intimation to the Registry of High Court. The Trial Court
shall also proceed under Section 446 of CrPC against such appellant and his
surety without any reference to this Court and without any impediment of the
order granting bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court
Rules, 2008].
On arrest/surrender in compliance with the warrant, the appellant shall be
forwarded in custody to undergo sentence of imprisonment under intimation to
the Registry of this Court.
Accordingly, IA No. 8632 of 2024 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Vijay
