Chunaram vs Jodhpur Vdyut Vitran Nigam Ltd
2023 Latest Caselaw 4472 Raj

[2023/RJJD/014637]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.440/2023

IN

S.B. Criminal Appeal No. 556/2023

Chunaram S/o Lt. Sh. Chhoturam, Aged About 46 Years, W.no. 7, Gopalpura, Dist. Churu (Raj.).

----Appellant Versus Jodhpur Vdyut Vitran Nigam Ltd., Jodhpur.

                                                                    ----Respondent


For Appellant(s)             :     Mr. Pravin Vyas
For Respondent(s)            :     Mr. Mukesh Trivedi, PP



               HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

11/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 28.04.2023 passed by learned Judge, Special Court

(Electricity Act Cases), Sessions Judge, Churu in Sessions

Case No.59/2018 (CNR No.RJCH010003682018) whereby he

was convicted and sentenced to suffer maximum punishment

of one year rigorous imprisonment along with fine of

Rs.8,60,000/- under Section 135 of the Electricity Act as well

as fine of Rs.50,000/- under Section 138 of the Electricity

Act.

2. It is contended that the learned trial Judge has not

appreciated the correct, legal and factual aspects of the

matter and thus, reached at an erroneous conclusion of guilt,

[2023/RJJD/014637] (2 of 3) [SOSA-440/2023]

therefore, the same is required to be appreciated again by

this court being the first appellate Court. Hearing of the

appeal is likely to take long time, therefore, the application

for suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made by learned counsel for the

accused-applicant for releasing the appellant on application

for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Upon consideration of the submissions of learned counsel for

the parties and looking to the totality of facts and

circumstances of the case, while refraining from passing any

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.

6. Accordingly, the application for suspension of sentence filed

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

the sentence passed by learned Judge, Special Court

(Electricity Act Cases), Sessions Judge, Churu in Sessions

Case No.59/2018 (CNR No.RJCH010003682018) against the

appellant-applicant Chunaram S/o Lt. Sh. Chhoturam

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

[2023/RJJD/014637] (3 of 3) [SOSA-440/2023]

Judge for his appearance in this court on 12.05.2023 and

whenever ordered to do so till the disposal of the appeal on

the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his 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 8-Ashutosh/-

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