Vikram Singh vs The State Of Madhya Pradesh Thr.
2023 Latest Caselaw 2462 MP

                                  1
 IN       THE    HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                 BEFORE NATIONAL LOK ADALAT
               HON'BLE SHRI JUSTICE ROHIT ARYA
                               &
             SHRI J.D. SURYAVANSI, SENIOR ADVOCATE
                   ON THE 11 th OF FEBRUARY, 2023
                  CRIMINAL APPEAL No. 818 of 2015

BETWEEN:-
VIKRAM SINGH S/O SHRI BHAIYA LAL KALAVAT, AGED
ABOUT 27 YEARS, R/O VILLAGE GADER P.S.
DHARNAVADA, DISTRICT GUNA (MADHYA PRADESH)

                                                               .....APPELLANT
(BY SHRI SHAILENDRA DWIVEDI - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION BAJRANGGARH, DISTRICT GUNA (MADHYA
PRADESH)

                                                            .....RESPONDENTS
(BY SMT. PADMSHRI AGRAWAL - PANEL LAWYER WITH SHRI RAJENDRA
BHARGAV - ADVOCATE FOR MADHYA PRADESH MADHYA KSHETRA
VIDYUT VITRAN COMPANY LTD. AND SHRI RAJESH DWIVEDI - DGM OF
THE COMPANY)

      This appeal coming on for conciliation this day, the Bench passed the

following:
                                   ORDER

This Criminal Appeal is directed under Section 374 of Cr.P.C. against the judgment dated 13/8/2015 passed by Special Judge (under the Electricity Act, 2003), Guna in Special Sessions Trial No.687/11, whereby the appellant has been convicted for offence under Section 136(1)(a) of the Act and sentenced to undergo R.I. for one year with fine of Rs.3000/- in default to suffer R.I. for 3 months.

T he alleged offence is of the year 2011, the impugned judgment and instant appeal are of the year 2015. More than 11 years' period has passed by since the date of alleged offence. The offence is of trivial nature. The long pendency of this appeal, as a matter of fact, has defeated the cause of justice.

Under such circumstances, ends of justice shall be subserved if the appeal is disposed of with enhancement in fine amount and the same may be adjusted against the sentence awarded.

Accordingly, present appeal stands disposed of with the following consent order:

The conviction of appellant as awarded by the trial Court is maintained.

However, the custodial sentence is set aside. Further, the fine imposed by the trial Court is enhanced by Rs.3,000/- (Rupees Three Thousand only) payable to the Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Ltd. (MPMKVVCL). The appellant shall deposit the said enhanced fine amount (i.e. Rs.3000/-) with the MPMKVVCL and produce its receipt before the trial Court within thirty days' from today, failing which he shall undergo the default sentence as awarded by the trial Court. The fine imposed by the trial Court, shall be deposited with the trial Court, if not already deposited.

Rest of the impugned judgment is kept intact.

Appellant is on bail. Subject to deposit of fine amount, his bail bonds shall stand discharged.

   (ROHIT ARYA)                                             (J.D. SURYAVANSI )
      MEMBER                                                    MEMBER
(and)

        ANAND
        SHRIVASTAVA
        2023.02.16
        11:01:45
        +05'30'