Sharafat S/O Munim vs Jaipur Vidhut Vitran Nigam ...
2023 Latest Caselaw 2273 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

   S.B. Criminal Misc. Suspension of Sentence Application No.
                           424/2023
                               In
               S.B. Criminal Appeal No. 395/2023

Sharafat S/o Munim, Resident Of Makholi Police Station Kotwali
District Sawai Madhopur Rajasthan
                                                                  ----Appellant
                                   Versus
Jaipur Vidhut Vitran Nigam Limited, Sawai Madhopur (Raj)
                                                                ----Respondent

For Appellant(s)          :     None
For Respondent(s)         :



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

22/02/2023

Lawyers are abstaining from making appearance before this

Court.

The application for suspension of sentence has been

preferred on behalf of the appellant. Perused the judgment

impugned dated 14.02.2023 passed by learned Special Judge,

Sawaimadhopur whereby the accused appellant has been

convicted for the offence punishable under sections 136 of Indian

Electricity Act and has been sentenced to maximum one year

simple imprisonment along with fine of Rs. 10,000/-.

The accused-appellant is behind the bars and the hearing of

appeal is likely to take further more time, therefore, considering

the overall submissions and looking to the totality of facts and

considering the grounds raised in the memo of appeal and

circumstances of the case while refraining from passing any

(2 of 2) [SOSA-424/2023]

comments on the niceties of the matter and the defects of the

prosecution as the same may put an adverse effect on hearing of

the appeal, this court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Special Judge, Sawaimadhopur,

vide judgment dated 14.02.2023 in Criminal Case No.01/2018

against the appellant-applicant Sharafat S/o Munim shall remain

suspended till final disposal of the aforesaid appeal and he shall be

released on bail provided he executes a personal bond in the sum

of Rs.50,000/-with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for their appearance in this

court on 31.03.2023 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial

Court in the month of January of every year till the

appeal is decided.

2. That if the applicant(s) changes the place of

residence, he/she/they will give in writing

his/her/their changed address to the trial Court as

well as to the counsel in the High Court.

3. Similarly, if the sureties change their

address(s),they will give in writing their changed

address to the trial Court.

(FARJAND ALI),J

PREETI VALECHA /47

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