Vinod Kumar Goswami vs Shri S.N. Mishra
2023 Latest Caselaw 21583 MP

Madhya Pradesh High Court

Vinod Kumar Goswami vs Shri S.N. Mishra on 15 December, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 15 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 3264 of 2015

                           BETWEEN:-
                           VINOD KUMAR GOSWAMI S/O SHRI JANKI PRASAD
                           VILLAGE BUDAUR P.S. MATGUWAN (MADHYA
                           PRADESH)

                                                                                            .....APPELLANT
                           (BY SHRI S.K. DIXIT - ADVOCATE)

                           AND
                           SHRI S.N. MISHRA S/O NOT MENTION OCCUPATION:
                           ASSISTANT ENGINEER AND PRESCIBED OFFICER
                           GRAMIN VIDYUT SAHKARI SAMITI MARYADIT
                           NAOGAON (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI AJAY TAMRAKAR - PANEL LAWYER)

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

This appeal is filed, being aggrieved of judgment dated 20.11.2015, passed by learned Special Judge, Electricity Act, Chhatarpur (M.P.), in Special Case No.281/2007, whereby, learned trial Court convicted the appellant guilty of committing offence under Section 135 of the Electricity Act and has awarded sentence of one year and fine of Rs.1,000/-, with default stipulation.

The appellant was on bail during trial. The jail sentence of the accused/appellant has been suspended by this Court on 08.12.2005 and he has been enlarged on bail.

Taking these facts into consideration and considering the period of custody and also looking to the fact that this appeal is pending since 2015, appeal is partly allowed. The conviction of the appellant is affirmed, however, the sentence is reduced to the period already undergone by the appellant, subject to the condition that fine amount of Rs.1,000/- (Rupees One Thousand) is enhanced to Rs.2,000/- (Rupees Two Thousand), which shall be deposited by the appellant before the trial Court.. The appellant is on bail, his bail bonds are hereby discharged.

In above terms, appeal is allowed and disposed.

(VIVEK AGARWAL) JUDGE A.Praj.