Panna vs The State Of Madhya Pradesh Thr.
2023 Latest Caselaw 22681 MP

Madhya Pradesh High Court

Panna vs The State Of Madhya Pradesh Thr. on 28 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 28th OF DECEMBER, 2023

                      CRIMINAL APPEAL NO.242 OF 2016

   BETWEEN:-

   PANNA, S/O LATE SHRI HEMA, AGED 30 YEARS,
   CASTE- BANJARA, R/O VILLAGE UKABAD,
   POLICE      STATION-    MAKSOODANGARH,
   DISTRICT- GUNA (MADHYA PRADESH)

                                                                       ........APPELLANT

  (BY SHRI S.S. RAJPUT- ADVOCATE ON BEHALF OF SHRI SHISHIR SAXENA-
ADVOCATE)

    AND

    STATE OF M.P. THROUGH M.P.M.K.VV. COMPANY
    LTD. GUNA DIVISION, RAGHOGARH VITRAN
    KENDRA,       MAKSOODANGARH        (JUNIOR
    ENGINEER- KAILASH AHIRWAR) DISTRICT-
    GUNA (MADHYA PRADESH)

                                                                     ........RESPONDENT

   (BY SHRI RAJENDRA BHARGAVA- ADVOCATE)
---------------------------------------------------------------------------------------------
       This appeal coming on for orders this day, the Court passed the
following:
                                         ORDER

This appeal is pending since 2016. This appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 29/01/2016 passed by Special Judge (Electricity Act), Guna, District- Guna (M.P.) in S.S.T. No.232/2011, whereby the appellant has been convicted and

sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 138(1)(b) of 6 Months RI 10,000/- 6 Months RI Electricity Act

2. Learned counsel for the appellant submits that appellant has never served in custody for a single day and incident is of the year 2011 and more than 12 years have lapsed, therefore, prayer for setting aside the jail sentence of the appellant is made.

3. Under such circumstances, parties agree that the appeal may be disposed of with imposition of fine amount and the same may be adjusted against the sentence awarded.

4. Accordingly, present appeal stands disposed of and the conviction of appellant as awarded by the trial Court is maintained. However, the custodial sentence is set-aside. Further, the appellant is directed to deposit a fine of Rs.10,000/- (Rupees Ten Thousand Only) as awarded by the trial Court with the respondent/Company and produce its receipt before the trial Court within a period of 30 days' from the receipt of certified copy of the order, failing which he shall undergo R.I. for one month. Rest of the impugned judgment is kept intact. If appellant is on bail, his bail bonds shall stand discharged subject to depositing the fine amount.

5. In view of the above, this appeal is finally disposed of.

6. Let a copy of this order be sent alongwith the record to the concerned Court for necessary compliance.

(AVANINDRA KUMAR SINGH) V. JUDGE

rahul RAHUL SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4de

PARIHAR e473fe77953f5, postalCode=474001, st=Madhya Pradesh, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D1 59B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.12.29 11:21:25 +05'30'