Parsu @ Purushottam Sahu vs Madhya Pradsh State Electricity ...
2023 Latest Caselaw 2465 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                        BEFORE LOK ADALAT
               HON'BLE SHRI JUSTICE ROHIT ARYA
                                &
             SHRI J.D. SURYAVANSI, SENIOR ADVOCATE
                   ON THE 11 th OF FEBRUARY, 2023
                   CRIMINAL APPEAL No. 397 of 2009

BETWEEN:-
PARSU   @   PURUSHOTTAM     SAHU   S/O  SHRI
BHAGWANDAS SAHU, AGED - 25 YEARS, OCCUPATION:
LABOUR, R/O - VILLAGE IKARA, DISTRICT DATIA
(MADHYA PRADESH).

                                                                .....APPELLANT
(BY SHRI M.L.YADAV - ADVOCATE)

AND
MADHYA PRADSH RAJYA VIDYUT MANDAL THROUGH
SAHAYAK YANTRI, MADHYA PRADESH RAJYA VIDYUT
MANDAL VIDYUT VITARAN KENDRA, GRAMIN DATIA
MADHYA PRADESH.

                                                              .....RESPONDENT
(BY SHRI RAJENDRA BHARGAVA - ADVOCATE WITH SHRI RAJESH
DWIVEDI - D.G.M. OF RESPONDENT 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 27.05.2009 passed by the Special Judge (under the Electricity Act, 2003) Datia, (Madhya Pradesh) in Special Electricity Case No.292/2005, whereby the appellant has been convicted for offence under Section 135 (1)

(a)of the Electricity Act, 2003 (hereinafter shall be referred to as the Act) and sentenced to undergo R.I. for three months.

Undisputedly the offence alleged is compoundable in nature. The alleged offence under Section 135 (1)(a) of the Act is of the year 2005, the impugned judgment and instant appeal are of the year 2009 and the appeal was filed in the year 2009. Almost 17 years' period has passed by.

Under such circumstances, parties agree that the appeal may be disposed o f with deposit of fine and the same may be adjusted against the sentence awarded.

Prayer accepted.

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

T he conviction of appellant under Section 135 (1)(a) of the Ac t is maintained. However, the custodial sentence is set aside. Further, the appellant is directed to deposit the fine amount of Rs.2,000/- (Rupees Two Thousand only) with the respondent- Company and produce its receipt before the trial court within thirty days from today, failing which he shall undergo R.I. for one month.

Rest of the impugned judgment is kept intact.

Appellant is on bail. Subject to depositing the fine amount, his bail bonds shall stand discharged.

         (ROHIT ARYA)                                              (J.D. SURYAVANSI )
            MEMBER                                                     MEMBER
    SP
SANJEEV
KUMAR
PHANSE
2023.02.17
16:53:18 +05'30'