Madhya Pradesh High Court
Sagun Lal 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.352 OF 2015
BETWEEN:-
SAGUNLAL, S/O SHRI BHANWARULAL JATAV,
AGED 23 YEARS, OCCUPATION:
AGRICULTURIST, R/O KULHOLI, POLICE
STATION- SABALGARH, DISTRICT- MORENA
(MADHYA PRADESH)
........APPELLANT
(BY SHRI ABHISHEK TIWARI- ADVOCATE)
AND
STATE OF M.P. THROUGH INCHARGE
OFFICER, POLICE STATION- KOTWALI,
DISTRICT- SHEOPUR (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 23/03/2015 passed by Special Judge (Electricity Act, 2003),
Sheopur, District- Sheopur (M.P.) in S.S.T. No.357/2013, whereby the
appellant has been convicted and sentenced as under:-
Section Sentence Fine (Rs.) Default Stipulation
136-A of 1 Year RI 1000/- 2 Months RI
Electricity Act
2. Learned counsel for the appellant submits that appellant remained
in custody for 125 days' and incident is of the year 2006 and more than
17 years have lapsed. Learned counsel for the appellant by not pressing
on conviction confined his argument only to the point of sentence and
prays that the sentence awarded to him be modified to the extent that
period already undergone by him would be sufficient to meet the ends of
justice.
3. Learned counsel for the respondent has no objection if the fine
amount is enhanced while reducing the jail sentence of the appellants.
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 of the appellant under Section 136-A
of Electricity Act, jail sentence of the appellant can be reduced to the
period already undergone by him but fine amount can be enhanced from
Rs.1000/- to Rs.10000/- for the offence under Section 136-A of
Electricity Act. Accordingly, fine amount is enhanced from Rs.1000/- to
Rs.10,000/- which shall be deposited by him 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 appellant 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
RAHULrahul
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
OF MADHYA PRADESH BENCH GWALIOR,
SINGH
2.5.4.20=eac942476567cd1b39b3da46068403
462fdf82ab676d0cde4dee473fe77953f5,
postalCode=474001, st=Madhya Pradesh,
serialNumber=0275C4F803F94C47998BE5C53
PARIHAR 4E21BDED910FD4AB9D159B55575E814D05B2
EED, cn=RAHUL SINGH PARIHAR
Date: 2023.12.29 11:21:42 +05'30'
