High Court of Rajasthan allowed suspension of sentence pending appeal for appellants convicted under Section 136 of The Electricity Act, 2003, requiring furnishing of bond and sureties.
Execution of sentence suspended during pendency of appeal conditioned on furnishing personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Misc. Suspension of Sentence Application No.11/2022
In
S.B. Criminal Appeal No. 24/2022
----Appellants
Versus
State Of Rajasthan, Through P.p
----Respondent For Appellant(s) : Mr. Rajneesh Gupta, through VC For Respondent(s) : Mr. C.G. Chopra, PP
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
10/01/2022
This suspension of sentence application has been filed by the applicants seeking suspension of their sentence.
Learned counsel for the applicants has contended that the applicants were convicted by the Trial Court vide its judgment dated 20.12.2021 for the offence under Section(s) 136 of The Electricity Act, 2003 and sentenced as under:-
(2 of 3) SOSA11/2022
– For offence under Section 136, of The Electricity Act, 2003 simple imprisonment of two years with fine of Rs.20,000/-; in default of payment of fine, to further undergo simple imprisonment of three months.
Learned counsel further submits that the accused applicants were on bail during trial and the trial court has already suspended their sentence for a period of one month. Learned counsel for the appellants submits that since disposal of the appeal is likely to take long time the sentence of the applicants may be suspended during the pendency of the appeal.
Learned Public Prosecutor has opposed same.
Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicants is allowed and it is ordered that execution of sentence awarded to accused applicants namely 1 . Rishikesh S/o Kishorilal 2. Bhimraj Alias Bhimsingh by
the Trial Court shall remain suspended during the pendency of the appeal, provided each of them furnishes a personal bond of Rs.1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/(Rupees Fifty Thousand) each before the concerned Trial Court to the satisfaction of the learned trial court with the stipulation
(3 of 3) SOSA11/2022
that they shall appear before this Court on 14th February, 2022 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J
CHHAYA AWASTHI /53
1 issue framed by the court
Whether sentence of appellants convicted under Section 136 of The Electricity Act, 2003 needs to remain suspended during pendency of appeal.
1 provisions across 1 enactments
Rishikesh S/o Kishorilal
Bhimraj Alias Bhimsingh
State Of Rajasthan
UMA SHANKER VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
