Chattisgarh High Court
Pankaj Modi vs Chhattisgarh Rajya Vidyut Vitran ... on 15 May, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 857 of 2025
PANKAJ MODI versus CHHATTISGARH RAJYA VIDYUT VITRAN COMPANY
MARYADIT
Order Sheet
15/05/2025 Shri T.R.Patel, counsel for the appellant/s.
Shri Mayank Chandrakar, counsel for the respondent.
Heard on IA No. 01/2025, application for suspension of
sentence and grant of bail.
The applicant has been convicted by the learned Special
Judge (Electricity Act) Korba, District-Korba (CG) in Special
Electricity Case No.105/2020 vide impugned judgment of
conviction and order of sentence dated 03/03/2025 for the
offence punishable under Section 135 of Electricity Act, 2003
and imposed fine of Rs.65,000/- (in default of payment of fine,
further 4 months S.I.) and under Section 138 of Electricity Act,
2003 and imposed fine of Rs.5,000/- (in default of payment of
fine, 1 month S.I.). The appellant has challenged the same in
this appeal.
The allegations against the appellant is that he violated
the Electricity Rules and stolen the electricity energy worth
Rs.54,772/-. He is alleged to have used the incoming wire of
electricity service No.1005028253 by tapping it with black and
yellow copper wire at his residence at Korba.
Learned counsel for the appellant submits that appellant
has falsely been implicated in this case. He submits that
judgment of the trial Court is perverse and contrary to the law
applicable to the facts and circumstances of the case. He
submits that conclusion of the revision may take some time,
hence, sentence awarded to appellant may be suspended and he
may be enlarged on bail.
Learned counsel for the respondent opposes the bail
application.
Heard learned counsel appearing for the parties and
perused the documents available on record.
On perusal of impugned judgment/order would show that
trial Court has imposed total fine of Rs.70,000/- upon the
appellant, however, till date he has not complied with the
impugned order.
Considering the facts of the case, submission of the
counsel for the appellant, the fine amount imposed upon him by
the trial Court and that conclusion of the appeal may take time,
I am inclined to allow the suspension application.
Accordingly, IA No.01/2025 is hereby allowed. It is
directed that the appellant shall deposit 50% of the total fine
amount within a period of 45 days from today, thereafter, rest
of the fine amount (50%) shall remain suspended till final
disposal of this case. It is made clear that if the appellant fails
to deposit the said amount, the trial Court has right to take
appropriate steps in accordance with law.
I.A.No.02/2025, application for urgent hearing and
I.A.No.03/2025, an application for hearing the case during
summer vacation are accordingly disposed of.
List this case for final hearing.
Name of A.G. may not be published in the cause list.
Sd/-
(Arvind Kumar Verma)
JUDGE
Deepti
Digitally
signed by
DEEPTI
DEEPTI HARIKUMAR
HARIKUMAR Date:
2025.05.19
16:23:01
+0530
