Ashok vs State Of M.P.
2023 Latest Caselaw 6597 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 24 th OF APRIL, 2023
                   CRIMINAL APPEAL No. 737 of 2011

BETWEEN:-
ASHOK S/O BRAKHBAN LODHI, AGED ABOUT 30 YEARS,
R/O     AT     PRESENT     MACHAWALI,TIRAHA,
KARERA,DISTT. SHIVPURI (MADHYA PRADESH)

                                                              .....APPELLANT
(BY SHRI SANJEEV AGARWAL - ADVOCATE)

AND
STATE   OF    M.P.  TH:  P.S.  PICHHORE,DISTT.
SHIVPURI,TH:J PRADEEP RAJORIA,THANA PRABHARI
THANA     PICHORE,DISTT.  SHIVPURI   (MADHYA
PRADESH)

                                                           .....RESPONDENTS
(BY SMT. PADMSHRI AGRAWAL - PUBLIC PROSECUTOR)

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                     ORDER

With consent of both the parties heard finally. Ins tant Criminal Appeal under Section 374(2) of CrPC has been preferred by appellant against the judgment of conviction and order of sentence dated 19.08.2011 in Special S.T.No.90/2009 passed by Special Judge (Electricity Act, 2003) Pichhore, district Shivpuri whereby the learned trial C o urt convicted the appellant-accused for offence under Section136 of Electricity Act and sentenced them to undergo one year simple imprisonment with fine of Rs.3000/- with default stipulation.

Learned counsel for the appellant submitted that he does not want to challenge the conviction of the appellant for the aforesaid offences. As regards sentence, it is submitted by learned counsel for the appellant that appellant is facing agony of trial for the last more than 12 years. Appellant has already suffered about 7 days of incarceration. Therefore, sentence of the appellant be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case and the fact that appellant has already suffered about 7 days of imprisonment and he is facing

agony of trial for the last 12 years, while affirming the conviction of the appellant under Section 136 of Electricity Act his sentence is reduced to the period already undergone by him by enhancing the fine amount from Rs.3000/- to 10,000/- which shall be paid by way of compensation.

The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which appellant shall undergo the original sentence awarded by the trial Court. Appellant is on bail, his bail bonds stands discharged. He be released forthwith.

With the aforesaid modification in the sentence, the criminal appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.04.25 11:42:13 -07'00'