Ajju @ Azim vs The State Of Madhya Pradesh
2023 Latest Caselaw 20674 MP

Madhya Pradesh High Court

Ajju @ Azim vs The State Of Madhya Pradesh on 6 December, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                              ON THE 6 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 370 of 2009

                          BETWEEN:-
                          AJJU @ AZIM S/O SALEEM KHAN MUSALMAN, AGED
                          ABOUT 26 YEARS, VILL KHERI P.S. KANHIWADA DISTT
                          SEONI (MADHYA PRADESH)

                                                                                               .....APPELLANT
                          (NONE)

                          AND
                          THE STATE OF MADHYA PRADESH P.S. KEOLARI
                          CHOUKI PALARI DISTT SEONI (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                          (BY SHRI Y.D. YADAV - GOVERNMENT ADVOCATE)

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

T h e appellant has preferred present appeal being aggrieved by the

judgment dated 23.01.2009 passed by Special Judge Electricity Act (Fast Track Court) District Satna in Special Case No.106/08, whereby he has been convicted for offences under Section 136 of the Electricity Act and sentenced to one year R.I. with fine of Rs.1,000/- with default stipulation.

2. According to the prosecution story, in the mid night of 25/26.05.2008, aluminum wires were stolen from electric pole. Complainant Aditya Jain lodged report in the concerned police station against unknown person. The value of aluminum wire was Rs.60,000/-. After inquiry, it was found that the appellant

committed theft of electric wire.

3. Appellants was prosecuted and convicted vide judgment dated 23.01.2009 and thereafter, appeal was preferred before this Court. Appellant is suffering prosecution since 2009 and was continuously before trial Court and also Appellate C o urt. Appellant was released on bail vide order dated 18.03.2009 and marking his presence before the Court. Appellant does not have any criminal antecedents.

4. Learned Government Advocate has objected the appeal and submitted that trial Court has not committed any error in passing impugned judgment.

5. Heard counsel for parties.

6. Considering the facts and circumstances of the case, nature of offence, status of appellant and looking to the facts and circumstances of the case, it is ordered that instead of making appellant suffers the jail sentence, he be released on probation of good conduct on furnishing bond for a sum of Rs.50,000/- for period of one year.

7. Accordingly, conviction of appellant passed by the trial Court under section 136 of the Electricity Act is affirmed. However, sentence awarded by the trial Court is modified to the aforesaid extent.

8. With the aforesaid modification appeal stands disposed off.

9. A copy of this order be sent to the trial Court for necessary compliance.

(VISHAL DHAGAT) JUDGE pn