Madhya Pradesh High Court
Devdatta Sharma Rice Mill Thr. vs The State Of Madhya Pradesh Thr. on 3 November, 2015
CRA-1027-2015 (DEVDATTA SHARMA RICE MILL THR. Vs THE STATE OF MADHYA PRADESH THR.) 03-11-2015 Shri Jitendra Sharma and Shri Vishal Singh Bhadoriya, learned counsel for the appellant/accused. In compliance of the order dated 03.11.2015 passed by the Division Bench of this Court this appeal has been listed before this Court for hearing. Heard on the question of admission. The appeal being arguable is admitted for final hearing. Record of the trial Court be called for within four weeks. Also heard on I.A. No.9602/2015 filed by the appellant/accused under Section 389(1) of Cr.P.C. being aggrieved by the judgment dated 31.10.2015 passed by the Court of Special Judge (Electricity Act) Gwalior in Special Case No.1536/2007 convicting the appellant/accused under Section 135 (1) (b) of the Electricity Act and sentencing him to undergo R.I. for two years along with fine of Rs.23 Lacs, in default of payment of fine further sentence has been awarded as stipulated in para 37 of the impugned judgment. Learned counsel for the appellant/accused submits that the appellant/accused was on bail during trial and he did not misuse the liberty granted to him. The learned counsel further pleads that the appellant is ready to deposit the entire fine amount before the trial Court. Heard the arguments of learned counsel for the appellant and perused the impugned judgment. During trial the appellant/accused was on bail. Considering the sentence awarded by the learned trial court, I.A. No.9602/2015 is allowed with the condition that the entire fine amount awarded by the learned trial Court shall be deposited by the appellant/accused before the trial Court. On depositing the said amount, execution of jail sentence of the appellant-accused shall remain suspended during pendency of this appeal and he be released on bail, on his furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Principal Registrar of this Court on 08.02.2016 and thereafter on all other subsequent dates as may be fixed by him in that regard. On payment of process fee within seven working days by registered AD post as well as by ordinary mode, notice for final hearing as well as I.A.9602/15 be issued to the respondent and be
made returnable within six weeks. After receipt of the record and service of the respondent, the appeal be listed for consideration of the said I.A. CC as per rules.
(M.K. MUDGAL) JUDGE