Delhi High Court - Orders
Satish Jain vs The State (Govt. Nct Of Delhi) & Anr on 12 May, 2022
Author: Talwant Singh
Bench: Talwant Singh
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 259/2022
SATISH JAIN ..... Petitioner
Through: Mr. Deva Nand, Advocate.
versus
THE STATE (GOVT. NCT OF DELHI) & ANR. ..... Respondents
Through: Ms. Neelam Sharma, APP for State.
Mr. Anupam Varma, Mr. Nikhil
Sharma and Ms. Manu Tiwari,
Advocates for BSES.
Mr. Harsh Bahl, Mr. Pramod Kr.
Bhardwaj and Mr. Khushal Rishi,
Advocates for R-3 to 5.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 12.05.2022
CRL.M.A. 8290/2022
1. Allowed, subject to all just exceptions.
CRL.M.(BAIL) 512/2022
2. This is an application under Section 397 Cr.P.C. for suspension of sentence and for grant of bail and stay of judgement.
3. Issue notice to the respondents. Learned APP accepts notice on behalf of the State. Mr. Anupam Varma accepts notice on behalf of BSES.
4. Learned ASJ, vide impugned order dated 31.01.2022 has passed the following order:
CRL.REV.P. 259/2022 page 1 of 4 Signature Not Verified Signed By:HARIOM Signing Date:19.05.2022 12:48:28 "23. With regard to order on sentence, Ld. Trial Court has directed the appellant to hand over the possession of flat in question to the complainant company within a period of one year from the date of said order and in default to pay user charges @ Rs. 1,000/- per month from the date of filing of complaint till vacation of the flat. This Court finds no infirmity in the first petition of order on sentence whereby appellant has been directed to vacate the flat, however, the direction to pay user charges is de-hors the provision of 452 Companies Act since as per the said provision the Court may impose the fine to the tune of Rs. 1,00,000/- to Rs. 5,00,000/-, direct to vacate the premises and to deliver the benefit derived from property and in default to undergo imprisonment maximum for two years. In view of the same, the order on sentence passed by Ld. Trial Court is modified to the extent that the fine of Rs. 1,00,000/- is imposed upon the appellant and is directed to hand over the vacant possession of the flat in question to the complainant within 45 days from today in default to undergo simple imprisonment for three months.
24. In view of the above discussion, the present appeal is dismissed qua the judgement on conviction passed by Ld. Trial Court and order on sentence is modified in terms of the directions given in the proceeding para. The appeal is accordingly disposed of."
5. Learned counsel for the petitioner has prayed for suspension of sentence during the pendency of the present proceedings. The same has been opposed by the learned APP for State as well by learned counsel for BSES on the ground that the petitioner has no case at all. However, the same has been countered by the learned counsel for the petitioner.
6. Keeping in view the facts and circumstances of the case, I hereby direct that during the pendency of the present petition, the sentence imposed upon the petitioner shall remain suspended, subject to deposit of Rs. 1,00,000/- before the learned Trial Court in the form of an FDR in the name of BSES CRL.REV.P. 259/2022 page 2 of 4 Signature Not Verified Signed By:HARIOM Signing Date:19.05.2022 12:48:28 Yamuna Power Ltd. from a Nationalised Bank, initially for a period of one year with auto renewal.
6.1 The FDR will be deposited within two weeks from today after an intimation to the learned counsel for BSES, who was representing the said company before the learned Trial Court. The said FDR be retained by the learned Trial Court, subject to the outcome of the present petition and subject to filing of the said FDR imposed on the present petitioner, his sentence is suspended on execution of personal bond of Rs. 10,000/- with a surety of the like amount, subject to the satisfaction to the learned Trial Court.
CRL.REV.P. 259/20227. This is a petition under Section 401 Cr.P.C read with Section 482 Cr.P.C. for setting aside the impugned judgement of conviction and order on sentence dated 31.01.2022 passed against the revisionist/appellant by the learned ASJ in Criminal Appeal No. 141/2020.
8. Issue notice to the respondents. Learned APP accepts notice on behalf of the State. Mr. Anupam Varma accepts notice on behalf of BSES.
9. Let response be filed within four weeks from today with a copy to the other side, who may file rejoinder, if required, in four weeks thereafter.
10. In the meantime, let TCR in electronic form be summoned from the Court of learned ASJ as well as learned Trial Court. The parties may take soft copy of the electronic record from the Registry, if required.
11. List on 26.08.2022.
12. Let copy of this order be sent to the learned Trial Court for information and compliance.
13. In the meantime, the petitioner shall pay user charges of Rs. 2,000/- per CRL.REV.P. 259/2022 page 3 of 4 Signature Not Verified Signed By:HARIOM Signing Date:19.05.2022 12:48:28 month to the BSES without prejudice to the rights and contentions of the parties with effect from 12.06.2022.
14. It is made clear that in case the petitioner succeeds in the present petition, the BSES will refund the said amount to the petitioner. It is needless to mention that the petitioner shall pay the electricity and water charges to the relevant Utility companies/authorities. In case there is default, the said companies are at liberty to take appropriate action.
TALWANT SINGH, J
MAY 12, 2022/pa
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CRL.REV.P. 259/2022 page 4 of 4
Signature Not Verified
Signed By:HARIOM
Signing Date:19.05.2022
12:48:28