Aladeen Khan And Others vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This criminal appeal under Section 374 of CrPC read with Section 156 of Electricity Act has been filed against the judgment of conviction and sentence dated 08/4/2021 passed by Special Judge (Electricity Act) No.4, District Gwalior in Case No.2249/2011 S.S.T. by which both the appellants have been convicted under Section 138 (1) (kha) of Electricity Act 2003 and have been sentenced to undergo rigorous imprisonment of one month with fine of Rs.10,000/- with default stipulation.

It is submitted by learned counsel for the appellants that the trial Court has wrongly convicted the appellants without properly appreciating the materials and evidence available on record. The appellants have been convicted only for a period of one month rigorous imprisonment and fine amount has already been deposited. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence of the appellants.

Heard learned counsel for the rival parties and perused the materials available on record.

Looking to the short period of jail sentence as well as the fact that fine amount has already been deposited, without commenting upon the merits of the case, application (I.A. No.25591/2021) is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court, the remaining jail sentence of the appellants shall remain suspended. The appellants are further directed to mark their appearance before the Office of this Court on 24/1/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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