Per Shri A.Z.Khwaja, Hon’ble Presiding Member.

Appellant No.2 in Appeal No.A/19/337 Virendra Vijay Butolia has filed the present application for suspension of sentence  and for grant of bail U/s 389 r/w 439 of Cr.P.C. in pursuance to an order passed by the Hon’ble High Court in Criminal Writ Petition No.210/2022 Dt.01/04/2022. Appellant No.2 Virendra Butolia has contended that as per the orders passed in Appeal No.A/19/337 he was taken into custody on 17/02/2022 and since then he is lodged in Central Jail at Nagpur. Appellant has further contended that he is ready and willing to comply with the final order passed in the Consumer Complaint No.CC/72/2014 and he is also ready to deposit entire amount of Rs.19,20,000/- and therefore the applicant has prayed that the sentence of imprisonment may be suspended  and he be released on bail. I have heard Advocate Shri S.A.Khan appearing on behalf of appellant and he has drawn my attention to one copy of order passed by the Hon’ble High Court in Criminal Writ Petition No.210/2022 Dt.01/04/2022 by which direction is given to State Consumer Commission to decide the present bail application expeditiously. Shri S.A.Khan, learned advocate for the appellant has submitted that the present appellant No.2 is the sole earning member of the family and due to his imprisonment his wife and children are facing starvation. It is also submitted by Shri S.A.Khan, learned advocate for appellant that in case the sentence against the appellant No.2 is suspended and he is released on bail he will be in a position to comply with the order of District Consumer Commission, Nagpur passed in Consumer Complaint No.CC/72/2014 and will be able to execute the sale deed and deposit the entire amount. I have  also heard Shri Mishrikotkar, learned advocate for appearing for respondent and he has submitted that the present application for suspension of sentence and grant of bail itself is not maintainable in law, in view of the fact that  the appeal preferred by the present appellant alongiwth appellant No.3 Praful Zade bearing appeal No.A/19/337 has already been dismissed on merits and also disposed of as per judgment and order Dt.17/02/2022. In view of the application filed by the applicant/appellant  Virendra Vijay Butolia I have also called for the record and the same shows the present applicant Virendra Vijay Butolia alongwith another applicant/appellant had preferred an Appeal bearing No.19/337 before the State Consumer Commission and the same has been decided on merits by judgment and order Dt.17/02/2022. In view of the submissions made by S.I.Khan, learned advocate for the appellant, I have also carefully gone through the provisions of Consumer Protection Act 1986 as well as new Consumer Protection Act 2019. Learned Advocate Shri S.A.Khan for appellant was unable to point out any provision of law under the Consumer Protection Act 1986 providing for grant of bail after the Appeal filed U/s. 27A of Consumer Protection Act 1986 is already decided. I have also carefully gone through the copy of order passed by Hon’ble High Court in Criminal Writ Petition No.210/2022 Dt.01/04/2022. No doubt, it is also quite true that the appellant is under going sentence as per the order passed on 17/02/2022 having being convicted Under Section 27 of Consumer Protection Act 1986 and he is also ready to deposit the entire amount. With due respect it may be stated that the present appellant can not take the aid of Section 389 of Cr.P.C. in the absence of any express provision under the Consumer Protection Act 1986 or Consumer Protection Act 2019  for seeking the relief of suspension of sentence or relief of grant of bail after the Appeal filed by him is decided on merit.

2)      In the light of the aforesaid discussion, I am of the humble view that the State Consumer Commission has no power or jurisdiction to grant bail or suspend the sentence after having already decided and disposed of the Appeal U/s 27A of Consumer Protection Act 1986 on merit. As such I hold that in the absence of any power or jurisdiction, the application for suspension of sentence and grant of bail by the appellant is not tenable in law and so I pass the following order.    

                                         // ORDER //

1. Appellation filed by the appellant/accused is hereby dismissed.
2. The copy of  order be furnished to both parties free of cost.