Ramprasad vs Madhya Pradesh Madhya Kshetra Vidyut ...
2023 Latest Caselaw 22702 MP

Madhya Pradesh High Court

Ramprasad vs Madhya Pradesh Madhya Kshetra Vidyut ... 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.354 OF 2015

   BETWEEN:-

1. RAMPRASAD, S/O SHRI BHURE JATAV, AGED 57
   YEARS, OCCUPATION: KRISHI, R/O GRAM
   DHARAMPURA, POLICE STATION- SEONDHA,
   DISTRICT- DATIA (MADHYA PRADESH)

2. RAMSINGH, S/O BHURE JATAV, AGED 40 YEARS,
   OCCUPATION:       KRISHI,   R/O     GRAM
   DHARAMPURA, POLICE STATION- SEONDHA,
   DISTRICT- DATIA (MADHYA PRADESH)

3. SEETARAM, S/O BHURE JATAV, AGED 45 YEARS,
   OCCUPATION: KRISHI, R/O POLICE STATION-
   SEONDHA,    DISTRICT-  DATIA     (MADHYA
   PRADESH)

                                                                     ........APPELLANTS

   (BY SHRI ABHISHEK TIWARI- ADVOCATE)

    AND

    MADHYA PRADESH MADHYA KSHETRA VIDYUT
    VITARAN CO. LTD, THARET, DISTRICT- DATIA
    (MADHYA PRADESH)

                                                                     ........RESPONDENT

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

This appeal is pending since 2015. This appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 08/04/2015 passed by Special Judge (Electricity Act, 2003), Seondha, District- Datia (M.P.) in S.S.T. No.39/2009, whereby the each appellants have been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 138 (1)(b) of 1 Year RI 1000/- 1 Month RI Electricity Act

2. Learned counsel for the appellants submits that appellants have never served in custody for a single day and incident is of the year 2007 and more than 16 years have lapsed, therefore, prayer for setting aside the jail sentence of the appellants is made.

3. Learned counsel for the respondent has no objection if appeal may be disposed of by enhancing the fine amount.

4. Although appeal on merit is not pressed today but in the interest of justice, record is seen and after going through the record and looking to the facts conviction is found to be justified, hence, conviction is affirmed. And in the circumstances of the case, this Court is of the view that while affirming the conviction as above of the appellants, jail sentence of the appellants can be reduced by enhancing the fine amount from Rs.1000/- to Rs.5000/- each for the offence 138 (1)(b) of Electricity Act. Accordingly, for each appellants fine amount is enhanced from Rs.1000/- to Rs.5000/- which shall be deposited by them with the respondent/Company i.e. Madhya Pradesh Madhya Kshetra Vidyut Vitaran Co. Ltd. and produce its receipt before the trial Court within a period of 30 days' from the date of receipt of certified copy of this order, failing which the appellants will have to suffer the complete sentence as awarded by the trial Court.

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

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH

RAHUL SINGH rahul BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=eac942476567cd1b39b3da46068403462fd f82ab676d0cde4dee473fe77953f5,

PARIHAR postalCode=474001, st=Madhya Pradesh, serialNumber=0275C4F803F94C47998BE5C534E21B DED910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.12.29 11:22:13 +05'30'