Madhosingh Tomar vs Madhya Pradesh Madhy Kshetr Vidhut ...
2024 Latest Caselaw 16066 MP

Madhya Pradesh High Court

Madhosingh Tomar vs Madhya Pradesh Madhy Kshetr Vidhut ... on 29 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 5726 of 2024
                          (MADHOSINGH TOMAR Vs MADHYA PRADESH MADHY KSHETR VIDHUT VITARAN COMPANY LIMITED
                                            THROUGH KANISHTH YANTRI VITARAN KENDRA RA)

                          Dated : 29-05-2024
                                Mr. Dinesh Singh Tomar - Advocate for the appellant.

                                Mr. Rinkesh Goyal - Advocate for the respondent.

Heard on I.A. No. 9285 of 2024, an application under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant with an alternative prayer for grant of temporary bail as record has not been received

The appeal has been preferred by the appellant under Section 374 of Cr.P.C. against the impugned judgment of conviction and sentence dated 01.5.2024 passed by Special Judge, Electricity Act, Ambah, District Morena (M.P.) in Special Case (Electricity) No. 100105/2018 whereby appellant has b een convicted and sentenced under Section 138 (1)(b) and 154 (5) of Electricity Act to undergo rigorous imprisonment of two years with fine of Rs.1,64,535/-, with default stipulation.

Learned counsel for the appellant argued that the Court below has wrongly appreciated the evidence and convicted the appellant. There are

material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that the appellant was on bail during trial and did not misuse the liberty so granted. This criminal appeal is likely to take long time to come up for final hearing and appellant has hope and believe that he would succeed, therefore, prayed to suspend the jail sentence of the appellant till record is received.

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, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty 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 temporarily suspended for a period of three months from today and they be released on bail.

List the case on 15.7.2024.

Meanwhile, Registry is directed to call the record of the Court below. 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

AKS