Bhaurao Sambhaji Patil vs State Of Maharashtra And Anr
2022 Latest Caselaw 11171 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 3555 OF 2022
                                                    IN
                                     CRIMINAL APPEAL NO. 1043 OF 2022

                     Bhaurao Sambhaji Patil                              ..Applicant

                            Versus

                     The State of Maharashtra & Anr.                     ..Respondents

                                                __________

                     Mr. Sukumar R. Ghanavat for Applicant.
                     Mr. S. R. Agarkar, APP for State/Respondent No.1.
                                                  __________

                                            CORAM : SARANG V. KOTWAL, J.
                                            DATE : 20th OCTOBER 2022
                     PC :

                     1.           The Applicant has preferred the Criminal Appeal

                     No.1043 of 2022 challenging the Judgment and order dated

                     06/09/2022 passed by learned Special Judge, Gadhinglaj in

                     Special Case (MSEB) No.1 of 2016. By the impugned Judgment

                     and order the applicant was convicted for commission of offence

                     punishable U/s.135 of the Indian Electricity Act and was sentenced

                     to suffer S.I. for one year and to pay a fine of Rs.10000/- and in
        Digitally
        signed by
        VINOD
                     default of payment of fine to undergo S.I. for one month. He was
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2022.10.21    Gokhale
        14:55:45
        +0530
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also convicted for offence punishable U/s.138 of the same Act and

was sentenced to suffer S.I. for one year and to pay a fine of

Rs.10000/- and in default of payment of fine to undergo S.I. for

one month. Both the substantive sentences were directed to run

concurrently.


2.         The prosecution case is that the informant Amit Bokil

was   an   Additional   Executive   Engineer   working   with    the

Maharashtra State Electricity Distribution Company Limited. He

was entrusted with the job of checking illegal connections in his

area. He was working in Kolhapur district. His area was Kolhapur

District Industrial three phase connection. The applicant was

having a rice mill known as Sateri Rice Mill. When the informant

inspected the electricity meter, he found that it was running slow

at around 75.94%. The electricity consumption was shown 91.53%

less. The seal of the meter was tampered with. The prosecution

case is that the applicant committed theft of 24675 units between

the period from 22/02/2014 to 19/11/2015. The electricity bill

was around Rs.2,50,050/-. He was given an option to enter into

compromise by paying Rs.1,50,000/-. He did not accept that and,
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therefore, this prosecution was lodged.


3.        Learned counsel for the applicant submitted that, he was

on bail during trial. He had not misused that liberty. The applicant

has already deposited the amount of Rs.2,50,050/- with the

complainant    company     and,   therefore,   his   case   may      be

sympathetically considered for consideration of bail.


4.        Learned APP opposed this application. However, he

could not controvert the fact that the sentence is short and the

Appeal is not likely to be decided within that period.


5.        I have considered these submissions. The major

punishment awarded to him is for one year and the Appeal is not

likely to be decided within that period. As submitted by learned

counsel for the Appellant, he has already deposited the concerned

amount. Considering this, the applicant can be granted bail

pending hearing and final disposal of his Appeal.


6.        Hence, the following order:
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                            ORDER

i) During pendency and final disposal of Criminal

Appeal No.1043 of 2022, the Applicant is directed

to be released on bail on his executing P. R. Bond

in the sum of Rs.30000/- with one or two sureties

in the like amount.

ii) The Applicant shall not indulge in any such

similar activities.

iii)The Application is disposed of.

(SARANG V. KOTWAL, J.)