Sultan Singh vs Madhya Pradesh Kshetra Vidyut Vitran
2023 Latest Caselaw 22526 MP

Madhya Pradesh High Court

Sultan Singh vs Madhya Pradesh Kshetra Vidyut Vitran on 27 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                              ON THE 27 th OF DECEMBER, 2023
                                              CRIMINAL APPEAL No. 738 of 2009

                           BETWEEN:-
                           SULTAN SINGH S/O MANSHARAM RAWAT R/O PWD
                           COLONY, KILA PARISHAR, SHEOPUR THANA AND
                           DISTT. SHEOPUR (MADHYA PRADESH)

                                                                                            .....APPELLANT
                           (BY SHRI V.K. AGRAWAL - ADVOCATE)

                           AND
                           1.    MADHYA PRADESH MADHYA KSHETRA VIDYUT
                                 VITRAN COMPANY LIMITED, SHEOPUR (MADHYA
                                 PRADESH)

                           2.    THE STATE OF M.P THROUGH DISTRICT
                                 MAGISTRATE, SHEOPUR (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI RAJENDRA BHARGAVA - ADVOCATE)
                           (SHRI V.P.S. TOMAR- PANEL LAWYER)

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

                           following:
                                                               ORDER

Though case is listed today for consideration of I.A.No.1962/2020, an application for condonation of absence of appellant on 05.02.2020 is hereby condoned.

With the consent of both the parties, matter is heard finally. This criminal appeal under Section 374 of Cr.P.C. has been filed by the appellant against the judgment of conviction and order of sentence dated

27.10.2009 passed by learned Special Judge (Electricity Act), District Sheopur in S.T.No.281/2009, whereby the appellant has been convicted under Section 138(1)(b) of Electricity Act and sentenced to undergo six months RI with fine of Rs.1,000/- with default stipulation.

At the outset, learned counsel for the appellant submits that his only prayer is that fine amount may be enhanced.

Learned counsel for the State has no objection if sentence of appellant is converted to undergone.

Heard learned counsel for both the parties and perused the record. Looking to the facts and circumstances of the case and perusal of

record and in considered view of this Court, the trial Court has properly recorded the conviction of the appellant as mentioned hereinabove. Hence, his conviction is hereby affirmed; however, regarding quantum of sentence, by setting aside jail sentence of the appellant, fine amount under Section 138 (1)(b) of Electricity Act is enhanced from Rs.1,000/- to Rs.5,000/- and if fine amount as imposed by the trial Court has already been deposited by the appellant, same be adjusted. If appellant deposit fine amount as directed hereinabove within a period of 30 days from the date of receipt of certified copy of this order, as the jail sentence of appellant has already been suspended, his bail bonds shall stand discharged and if he fails to deposit the fine amount, he has to undergo total jail sentence of four months.

Accordingly, this appeal is disposed of and rest of the impugned judgment is kept intact.

Let a copy of this order be sent to the trial Court concerned for information.

(AVANINDRA KUMAR SINGH) JUDGE Adnan