Santosh Prajapati vs M.P.M.K.V.V.Co. Limited
2023 Latest Caselaw 6598 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. 815 of 2011

                          BETWEEN:-
                          SANTOSH PRAJAPATI S/O NATHURAM PRAJAPATI,
                          AGED ABOUT 32 YEARS, OCCUPATION: SHOPKEEPER
                          BHAROLI ROAD, BHIND, P.S.DEHAT, DISTT.BHIND
                          (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI RAJEEV SHRIVASTAVA, ADVOCATE)

                          AND
                          M.P.M.K.V.V.CO. LIMITED TH:ITS ASSTT. ENGINEER,
                          DHARMENDRA          KAUSHIK,      OFFICE     OF
                          M.P.M.K.V.V.CO.LTD. WATER WORKS ROAD, BHIND
                          (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI RAJENDRA BHARGAVA, ADVOCATE )

                                Th is appeal coming on for direction this day, th e court passed the
                          following:
                                                               ORDER

This appeal has been filed by the appellant under Section 374 of Cr.P.C. b eing aggrieved by the judgment dated 23.09.2011 passed by the First Additional Sessions Judge and Special Judge, (Electricty Act) Dist. Bhind in Criminal Case No.22/2007 whereby appellant has been convicted under Section 135 of Electricity Act, 2003 and sentenced to undergo six months RI with fine of Rs.24,500/- by the trial Court.

Learned counsel for the appellant does not challenge the finding of conviction but since the occurrence has taken place as back as in the year 2006, Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/24/2023 6:15:47 PM

the appellants are facing judicial proceedings for the last 16 years, appellant has served in custody a period of seven days, the fine amount has already been deposited by him, therefore, it is prayed that the substantive sentence awarded to the appellant for the aforesaid offences may be reduced to the period already undergone by him.

On the other hand, the learned counsel for the respondent opposed the submissions made by learned counsel for the appellant and submitted that there is neither any occasion to interfere with the sentence awarded to the accused- appellant nor any compassion or sympathy is called for in the said case.

It is not in dispute that occurrence has taken place as back as in the year

2006, appellant is facing judicial proceedings for the last 16 years, appellant has served in custody a period of seven days and so also suffered the agony and trauma of protracted trial, the fine amount has already been deposited by him, thus, looking to overall circumstances and keeping in view that the offence in question was committed nearly 16 years back, it will be just and proper if the sentence awarded by the trial Court for the aforesaid offences is reduced to the period already undergone by him.

Accordingly, appeal is partly allowed. While maintaining the appellant conviction for aforesaid offence, the sentence awarded to the appellant is hereby reduced to the period already undergone by him. The appellant is on bail, his bail bonds and surety bonds stand discharged.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/24/2023 6:15:47 PM

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/24/2023 6:15:47 PM