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Record of the court below is available.
Heard on the question of admission.
The appeal is admitted for final hearing.
Learned counsel for the appellants submits that application for suspension of jail sentence and grant of bail to appellant no.1 Pappu has already been
dismissed as withdrawn by order dated 24.7.2020.
Also Heard on I.A.No.20872/2019, which is an application filed by the accused/appellants, under section 389 (1) of Cr.P.C. for suspension of their
jail sentence awarded by the Court of Special Judge (Electricity Act, 2003) Banda, District Sagar in Special S.T. No.27/2017 vide its judgment dated
5.11.2019 convicting the appellants/accused persons under Section 136(g) of the Electricity Act and sentenced them to undergo RI for 3 years with
fine of Rs.10,000/- and Section 3 of the Lok Property Damaged Control Act, and sentenced them to undergo RI for 3 years with fine of Rs.52,000/-
each respectively with default stipulations on each count, as mentioned in the impugned judgment.
As per prosecution case, on 7.2.2019 at about 4.00 a.m. one Lakhan Chadhar lodged a Dehati Nalisi to the effect that when he went to his field he
saw a person climbing the electric pole and two persons binding electric wire. He immediately came to his village and informed the villagers about it.
He alongwith the villagers reached the spot. On seeing the villagers the accused persons tried to run away on a Maruti Car but on the way the car
broke down on account of which the villagers caught all the accused persons.
Thereafter, a case has been registered against the accused/appellants for the aforesaid offence.
Learned counsel for the appellants/accused persons submits that he wants to withdraw the application so far as it relates to appellant no.3 Shriram
Ahirwar Adiwasi.
Prayer allowed.
The application, so far as it relates to appellant no.3 Shriram Ahirwar Adiwasi, is dismissed as withdrawn.
Learned counsel for the appellant/accused submits that accused/appellant no.2 Meharbaan is in jail since 7.2.2019 and till now he has served almost
half of the jail sentence. He submits that no minimum sentence is prescribed under Sections 136(g) of the Electricity Act and and Section 3 of the Lok
Property Damaged Control Act. There is material contradictions and omissions in the statement of the witnesses. The appellant/accused has no
previous criminal record and he has not been previously convicted. He is the first offender. There is fair chance to succeed in the appeal. There is no
likelihood of his absconding and tampering with the evidence. Under the circumstances, if the sentence of the appellant no.2 is not suspended, his right
to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail of accused/ appellant no.2 Meharbaan.
Learned Panel Lawyer has opposed the application and prayed for its rejection.
Having considered the arguments advanced by learned counsel for the parties, on perusal of the record, accused/appellant no.2 Meharbaan has served
almost half of his jail sentence and the fact that this appeal is of year 2019, final hearing of this appeal will take time, but without commenting anything
on the merit of the case, the said I.A. is allowed so far as it relates to appellant No.2-Meharbaan. It is ordered that subject to payment of fine
amount, if not already deposited, the execution of jail sentence of the appellant No.2-Meharbaan shall remain suspended during the pendency of this
appeal and 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
in the amount of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before the trial court on 10.9.2020 and thereafter on all other
such subsequent dates, as may be fixed by the trial court in this regard.
I n case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest
without referring the matter to this Court, provided the Registry of this Court is kept informed.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further,
in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the
jail authority :-
The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in
appropriate quarantine facility.
List this matter for final hearing in due course, as per listing policy. C.C. as per rules.