Ganesh vs Madhya Pradesh East Area Electric ...
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Madhya Pradesh High Court

Ganesh vs Madhya Pradesh East Area Electric ... on 22 January, 2025

                                                              1                              CRA-14092-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 14092 of 2024
                                  (GANESH Vs MADHYA PRADESH EAST AREA ELECTRIC SUPPLY COMPANY LIMITED )



                           Dated : 22-01-2025
                                 Shri A.K. Dixit - Advocate for appellant.
                                 None for the respondent.

Issue notice to the respondent on payment of process fee by RAD mode within within seven working days.

Notice be made returnable within four weeks.

Appeal is admitted for the hearing.

Heard on I.A. No.33049/2024, which is an application under Section 430 of Bhartiya Nagarik Suraksha Sanhita, 2023/ under Section 389(1) of the Code of Criminal Procedure filed on behalf of appellant for suspension of sentence and grant of bail.

This appeal is filed by the appellant being aggrieved of the judgment dated 11.12.2024 passed by the learned Special Judge (Electricity Act, 2003), Banda, District Sagar (M.P.) in Registration No.SC ELE -94/2018 whereby appellant has been convicted for the offence punishable under

Section 135 of Electricity Act and sentenced to undergo R.I. for 03 years along with fine of Rs.5,66,715/- with default stipulations.

Learned counsel for appellant has submitted that appellant has been falsely implicated in the case. None of the engine or motor was seized from the spot. No independent witness has supported the case of prosecution and on the merits he has good chance to succeed in the case, hence, the jail

2 CRA-14092-2024 sentence be suspended.

Perused the record.

It is alleged that appellant had caused the loss at a tune of Rs.1,88,905/- to M.P. Eastern Zone Electricity Distribution Company Limited, Jabalpur and trial Court imposed the civil liability of Rs.1,60,452/- and looking to the short sentence, but without commenting anything on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A No.33049/2024 is allowed. Subject to condition that on depositing the partial fine amount Rs.1,88,905/- and civil liability of Rs.1,60,452/-, the remaining jail sentence of the appellant- Ganesh is suspended and it is directed that he be released on

bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial Court on 06.05.2025 and also on such other dates, as may be fixed by the trial Court in this regard during the pendency of this appeal. The trial Court shall not fix two dates in a year.

List the matter for final hearing in due course. Certified copy as per rules.

(DEVNARAYAN MISHRA) JUDGE

DPS